Case Categories: 5 - EVIDENCE and Prior Defendant Statement
R v Reis – 2019 ONCA 168 (Per Curiam):
[18] The KGB statement was properly admitted for the truth of its contents. The trial judge accepted that Gray’s trial evidence was not an outright recantation of the statement, and was entitled to determine what weight to give to his evidence. His decision reveals no error, nor did the trial judge err in dismissing the appellant’s application to lead an utterance designed to bolster the appellant’s credibility. The trial judge properly applied the exception set out by this court in R. v. Edgar, 2010 ONCA 529, in which it was made clear that an out of court utterance by the accused is admissible as evidence of reaction and consistency, but only if the utterance is made in response to an accusation of a crime. In this case, the utterance was made in response to a question, so was inadmissible.
Case Categories: 5 - EVIDENCE and Prior Defendant Statement