Canadian Criminal Cases Annotated Volume 37

Canadian Criminal Cases Annotated Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...moustaches, flashlights or glass cutters. The question should be answered, as it was by the majority of the Court below, in the negative. The appeal herein should be dismissed. ANGLIN, J.: --The material facts are sufficiently stated in the judgments delivered in the Court of Appeal. Of the three questions argued before us only one in my opinion called for consideration, viz. whether certain statements alleged to have been made by the appellant to two Aiflerican detectives (Heig and Mitte) were admissible in evidence against him. To both the other grounds of appeal sec. 1019 Cr. Code appeared to me to afford a sufficient answer. But, having regard to the importance attached to the statements made to Heig and Mitte by the Chief Justice in charging the jury, the question of their admissibility cannot be thus disposed of. My only reason for withholding concurrence in the judgment dismissing the appeal was that, owing to pressure of other work V0L. XXxVIL PROSKO v. THE KING. 207 of the Court, I had not had an opportunity of satisfying myself by a study of the record that the Crown had discharged the burden, which undoubtedly rested upon it, of establishing that the statements made by the appellant to Heig and Mitte were voluntary statements, in the sense that they had not been obtained from him by fear of prejudice or hope of advantage exercised or held out by a person in authority. Ibrahim v. The King, 1914 A.C. p. 609; Reg. v. Thompson, 1893 2 K.B. 12, at p. 17; R. v. Colpus, 1917 1 K.B. 574; R. v. Voisin, 1918 1 K.B. 531, at p. 537. The two detectives were persons in authority. The accused was in my opinion in the same plight as if in custody in extradition proceedings under a warrant charging him with murder. No warning whatever more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • United States
  • English
  • black & white illustrations
  • 1236795474
  • 9781236795472