Are statements or utterances admissible to show the state of mind of the accused at the time the statements were made?
British Columbia, Canada
The following excerpt is from R. v. Belliveau, 2000 BCSC 344 (CanLII):
Both counsel agree that the statements or utterances are admissible to show the state of mind of the accused at the time the statements were made. In Subramaniam v. D.P.P. (1956), 1 W.L.R. 956 (P.C.) the court held that while hearsay may be inadmissible to prove the truth of what is contained in a statement, it is admissible to establish the fact that it was made. That fact, apart from its truth, was held to be frequently relevant in determining the mental state of the person making the statement. These statements are therefore admissible for the limited purpose of establishing the mental state of the accused. An appropriate instruction to the jury as to the use they may make of the evidence will be necessary.
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