Contemplating a divorce, Kelly and Mark have been married

Contemplating a divorce

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Reference no: EM133855460

Question

Kelly and Mark have been married for 3 years and live in an apartment building in Hamilton. Recently, however, their marriage has been experiencing difficulties, and Kelly is contemplating a divorce from Mark.

On November 23, 2024, police received a 911 call from Vinnie, a tenant who lived on the same floor as Kelly and Mark. Vinnie reported to police that he could hear "fighting and the sound of breaking glass" coming from Kelly and Mark's apartment and "terrified screams from Kelly."

Police immediately responded to the apartment, where Mark let them in. Police observed swelling and bruising on Kelly's face and broken glass on the floor. No injuries were observed on Mark. Police then arrested Mark for assault and took him into custody. Kelly was transported to the hospital for medical attention, after which she agreed to come to the police station to be interviewed.

The interview with Kelly was videotaped. At the start of the interview, the police explained to Kelly the importance of telling the truth and the
consequences of making a false statement to the police. Kelly said that she understood and then solemnly affirmed that she would tell the truth.

Kelly then told police that over the last year, she had become a regular user of fentanyl and that just before her being assaulted by Mark, they were arguing about her drug use. Kelly told police she smashed some glasses on the floor in frustration. She was then physically attacked by Mark, who punched her repeatedly in the face and head. Kelly told police that she was terrified of what Mark might be capable of in the future, and she wanted to end the relationship.

Tragically, 3 weeks before Mark's assault trial, Kelly died of an accidental fentanyl overdose.

Can Kelly's videotaped statement to the police be admissible at trial?

Discuss and give reasons for your conclusion. Would R v Khan apply?

Reference no: EM133855460

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