Robb MacDonald

During a first-degree murder trial, the defence sought to admit a text message sent by the accused to a police officer inquiring about his mother's life insurance policy.

The Crown opposed, arguing it was self-serving hearsay.

The court found that while the text was presumptively inadmissible hearsay, it should be admitted under the principled exception to the hearsay rule.

The court held that the statement's substantive reliability was corroborated by other evidence and that fairness to the accused required its admission to provide a complete picture of his statements regarding the insurance policy.

The accused, charged with first-degree murder, applied to re-open a pre-trial statement voir dire under section 551.3(4) of the Criminal Code.

The accused argued that fresh evidence showing he received pre-interview advice from a disbarred lawyer acting as a paralegal, rather than a licensed lawyer, undermined the original finding that his statement to police was voluntary and compliant with the Charter.

The court dismissed the application, holding that the fresh evidence could not have affected the original ruling, as the accused was not detained at the time and had explicitly declined to exercise his right to counsel even if he had been detained.

The offender, a youthful first offender, was found guilty of receiving a material benefit from the sexual services of three women over a ten-month period.

The Crown sought a three-year custodial sentence, while the defence sought a conditional sentence of two years less a day.

The court found that while the offence was serious and inherently exploitative, it did not involve violence, coercion, or underage complainants.

Emphasizing the principles of individual deterrence and rehabilitation for youthful first offenders, the court imposed a conditional sentence of two years less a day, to be served under house arrest, followed by 18 months of probation.