FASD & the Justice System

R. v. Land, 2012 ONSC 3989 (Aitken J.)

Accused charged with second degree murder – friend, TG, was told by deceased about earlier assault inflicted on him by accused – Crown wants this statement tendered as principled exception to the hearsay rule – TG is a vulnerable witness, ADHD, depression, substance abuse, FAS and borderline personality – support worker testified that she has difficulty communicating, occasional memory failure – responsive during cross-examination at prelim – evidence critical to Crown’s ability to prove murder as opposed to manslaughter – statement admitted, but fairness and balance require that accused cross-examine TG, TG to have a support person