Karen Erlick

The accused, Leon Alexander and Edmund Benjamin, were charged in relation to the stabbing deaths of Andy James and Brandon Ramdeen following a boat cruise.

The Crown alleged that Alexander stabbed James or was a party to the stabbing, and that both accused participated in a group assault on Ramdeen during which he was fatally stabbed by another individual.

The trial judge found that while Alexander assaulted James, he did not stab him and his actions were not a significant contributing cause of death.

The judge also found the identification evidence regarding the assault on Ramdeen to be unreliable.

Both accused were acquitted of all charges.

In a homicide prosecution arising from two fatal stabbings following a boat cruise event, the Crown sought to admit hearsay statements made by the deceased identifying the assailant and statements of unidentified bystanders overheard during a related fight.

The court considered the res gestae exception and the principled approach to hearsay under authorities including Starr, Mapara, and Khelawon.

Although necessity was established for the deceased’s statements, the court found reliability lacking due to contradictory identifications, the dark and chaotic conditions of the incident, and the declarant’s misidentification of another individual.

The court also rejected the admission of anonymous bystander statements because their circumstances did not demonstrate spontaneity or reliability and carried a high risk of prejudice.

Only the deceased’s initial spontaneous exclamations describing the stabbing, but not identifying an assailant, were admitted.

During a murder trial, the applicant sought to introduce the police statement and examination-in-chief of an unavailable witness from a previous related trial under the principled exception to the hearsay rule.

The applicant did not seek to introduce the cross-examination from the previous trial.

The court dismissed the application, finding that without the cross-examination or an adequate substitute, the threshold reliability of the statements was not established due to significant inconsistencies and credibility issues.

The defendant pleaded guilty to two counts of assault and one count of failing to comply with a recognizance condition not to communicate with the complainant.

The assaults occurred during a domestic relationship and involved the complainant and her ten-year-old son.

The defendant had a serious criminal record including armed robbery and multiple breaches of court orders.

The court imposed a sentence of 90 days custody followed by two years probation, with conditions including no contact with the victims, a 500-meter exclusion zone, and mandatory counselling for substance abuse, psychotherapy, and domestic abuse.

A DNA order and weapons prohibition were also imposed.