In a criminal trial for assault, the Crown sought to admit the complainant's video-recorded statement as hearsay evidence under the principled exception, as the complainant was unavailable.
The defence conceded necessity but challenged threshold reliability.
The court found that the Crown failed to establish threshold reliability, primarily due to the absence of cross-examination and the lack of compelling corroborative evidence.
The complainant's credibility was also undermined by factors such as drug use, a prior fraud conviction, and inconsistencies in her statement.
Consequently, the Crown's application was dismissed, and the accused was acquitted on both counts.
