Is evidence of threats made against a witness admissible as non-hearsay?
Ontario, Canada
The following excerpt is from R. v. J.A.T., 2012 ONCA 177 (CanLII):
Evidence of threats may be admissible as non-hearsay since it is the making of the threats, not their truth, that is of probative value: Subramaniam v. Public Prosecutor, [1956] 1 W.L.R. 965 (P.C.), at p. 970. But evidence of a witness’ prior out-of-court statements tendered to prove the truth of their contents is hearsay and presumptively inadmissible: Khelawon, at para. 36.
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