During a jury trial for first degree murder, the Crown sought to admit statements made by the deceased victim to police officers, firefighters, and paramedics shortly after a stabbing.
The defence objected on the basis that the statements were hearsay.
The court considered whether the statements qualified as dying declarations, res gestae statements, or were admissible under the principled approach to hearsay.
The judge concluded that although the strict requirements for dying declarations were not met, the statements were admissible as res gestae and also satisfied the necessity and reliability requirements of the principled hearsay exception.
