The accused was convicted of second degree murder after the victim was found beaten to death.
At trial, the judge relied on an out-of-court statement made by the victim during a phone call to establish the timeline of events and the accused's exclusive opportunity to commit the murder.
The Court of Appeal quashed the conviction and ordered a new trial, finding the trial judge impermissibly relied on the hearsay statement for the truth of its contents.
The Supreme Court of Canada dismissed the Crown's appeal, confirming that the trial judge's reasons unambiguously relied on the out-of-court statement for its truth without a proper hearsay exception analysis, necessitating a new trial.
