EVIDENCE - Hearsay rule - Application of rule - Exceptions

Law360 Canada ( January 2, 2025, 12:26 PM EST) -- Appeal by appellant Saddleback from his conviction for the second-degree murder of Dennehy. The incident occurred outside a trailer where a group, including Dennehy and the appellant, had gathered. The group left for a nearby birthday party, leaving Dennehy and the appellant alone. The trial judge found that Dennehy was on the phone with Bull between 10 and 10:30 pm, during which Bull heard noises consistent with a fatal beating. Dennehy was found dead at 10:30 pm. The appellant argued that the Crown had not proven its case beyond a reasonable doubt, suggesting that someone else could have arrived after the group left and killed Dennehy. However, the trial judge rejected the appellant's argument, finding insufficient time for another person to have committed the murder. The appellant’s appeal centred on whether Dennehy's statement to Bull over the phone about "people leaving" to determine the timing of the group’s departure was impermissible hearsay and whether the trial judge relied on it for the truth of its contents....
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