Samantha Robinson

In a first degree murder prosecution, the Crown brought an application seeking to admit hearsay statements made by the deceased and evidence of the accused’s prior discreditable conduct.

The proposed evidence included statements made by the deceased to friends, family members, a building superintendent, and a police officer describing her fear of the accused and his alleged treatment of her.

The court held that many of the statements were admissible under the state of mind exception to the hearsay rule and, where necessary, under the principled approach, finding sufficient necessity and threshold reliability.

The court further determined that evidence of prior discreditable conduct was admissible because it was relevant to animus, motive, and the nature of the relationship between the accused and the deceased, and its probative value outweighed any prejudicial effect.

Certain specific statements and unrelated misconduct evidence were excluded.