Digest: R v S.A.B., 2018 SKQB 204

• Date: July 18, 2018

Reported as: 2018 SKQB 204

Docket Number: QB17595 , CRIM 12/17 JCM

Court: Court of Queen's Bench

Date: 2018-07-18

Judges:

• MacMillan-Brown

Subjects:

• Criminal Law � Evidence � Admissibility

Digest: The accused was charged with aggravated assault against her husband, contrary to s. 268 of the Criminal Code. During the trial, a voir dire was held with respect to the admissibility of statements made by the accused�s two pre-teen daughters, S.B. and F.B. The statements consisted of: 1) a spontaneous utterance made by one daughter to an RCMP officer on the morning of the alleged offence. Initially both girls told the officer that they didn�t know anything about what had happened but a few minutes later, they ran after him and S.B. told him that she had seen what had happened between her parents. The officer testified that S.B. was very nervous and did not want him to tell her mother that she had given him the information; and 2) two video-taped statements given by F.B. and S.B. respectively to the RCMP. These statements were taken during an interview of each daughter by a different RCMP officer conducted later in the same day. The interview with F.B. was conducted with her grandmother (her mother�s mother) present. During the times when the officer left the interview room the recording showed that the grandmother was coaching F.B. When S.B. was interviewed, her grandmother was not present. Her version of what had happened evolved throughout the interview. When confronted with the differences between her first statement and her current description, she said that she had forgotten the right story. She indicated that her mother had told her not to talk to the police.
HELD: The court ruled with respect to the statements that: 1) the one given by S.B. to the officer was admissible under the res gestae exception to the hearsay rule and was therefore evidence to be considered in the trial; and 2) the video-taped statements were not admissible. Although the Crown had shown that the statements were necessary,...