Tuesday, August 10, 2010

Case citation - admissibility

From the Canadian Supreme Court:

Video showing the commission of the offence is often the best evidence and can on its own, establish the guilt of an accused. In Regina v. Nikolovski (1996) 111 C.C.C. (3d) 403 (S.C.C.) addressed this best evidence value. The Honourable Justice J. Cory, commented that:

“Once it is established that a videotape has not been altered or changed, and that it depicts the scene of a crime, then it becomes admissible and relevant evidence. Not only is the tape (or photograph) real evidence in the sense that that term has been used in earlier cases, but it is to a certain extent, testimonial evidence as well. It can and should be used by a trier of fact in determining whether a crime has been committed and whether the accused before the court committed the crime. It may indeed be a silent, trustworthy, unemotional, unbiased and accurate witness who has complete and instant recall of events. It may provide such strong and convincing evidence that of itself it will demonstrate clearly either the innocence or guilt”


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