Is recent complaint evidence admissible at the instance of the crown?
New Brunswick, Canada
The following excerpt is from R. v. Bernier, 2009 NBQB 251 (CanLII):
In Regina v. Fair (supra), recent complaint evidence is not admissible at the instance of the crown as an exception to the rule against prior consistent statements unless it comes within one of the exceptions to that general rule. Those exceptions are: 1. Where recent fabrication has been raised; 2. Where the evidence is part of the res gestae (a narrow exception); 3. Where it is led as part of the narrative. To qualify as narrative, the witness must recount relevant and essential facts which describe and explain his or her experience as a victim of the crime alleged.
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