P. Larsh

The defendant was charged with sexual assault causing bodily harm and assault causing bodily harm arising from an alleged incident on June 12, 2016.

The complainant alleged the defendant raped her and punched her multiple times in the face, causing bruising and injuries.

The defendant claimed the sexual activity was consensual and that the complainant's injuries resulted from her falling while intoxicated.

The complainant passed away before trial, requiring the Crown to rely on hearsay statements.

The court found the defendant's testimony inconsistent, improbable, and contradicted by independent evidence.

However, due to material inconsistencies in the complainant's own statements and the absence of cross-examination to clarify them, the court found reasonable doubt and acquitted the defendant on both counts.

The Crown applied to introduce multiple hearsay statements made by the deceased complainant in the aftermath of alleged sexual and physical assaults.

The statements included a 911 call, statements to police officers, and a video-recorded statement made ten days after the alleged offences.

The defendant opposed admission on hearsay grounds.

The court applied the principled exception to the hearsay rule, analyzing both procedural and substantive reliability under the framework established in R. v. Khelawon and clarified in R. v. Bradshaw.

The court found that corroborative evidence, including DNA analysis, physical injuries, photographs, and police observations, established substantive reliability by ruling out alternative explanations for the statements.

All statements were admitted as admissible for the truth of their contents.