Monday, March 11, 2013

Truth of a statement may be relevant as to whether voluntary or not

DeClercq v. R., [1968] S.C.R. 902 holds:

I am in agreement with the conclusions stated in the Hammond case. While it is settled law that an inculpatory statement by an accused is not admissible against him unless it is voluntary, and while the inquiry on a voir dire is directed to that issue, and not to the truth of the statement, it does not follow that the truth or falsity of the statement must be irrelevant to such an inquiry. An accused person, who alleged that he had been forced to admit responsibility for a crime committed by another, could properly testify that the statement obtained from him was false. Similarly, where the judge conducting the voir dire was in some doubt on the evidence as to whether the accused had willingly made a statement, or whether, as he contended, he had done so because of pressure exerted by a person in authority, the admitted truth or the alleged falsity of the statement could be a relevant factor in deciding whether or not he would accept the evidence of the accused regarding such pressure.

8 comments:

Anonymous said...

Right now it seems like BlogEngine is the preferred blogging platform out there right now.
(from what I've read) Is that what you are using on your blog?

Here is my web-site :: how to file bankruptcy in florida

Anonymous said...

This is really interesting, You are a very skilled blogger.
I've joined your rss feed and look forward to seeking more of your magnificent post. Also, I have shared your site in my social networks!

Take a look at my web site raspberry ketones diet

Anonymous said...

Greetings! Very useful advice in this particular article!
It's the little changes that make the most significant changes. Thanks for sharing!

Here is my page - Raspberry ketone Plus Reviews

Anonymous said...

Hello! I know this is somewhat off topic but I was
wondering if you knew where I could locate a captcha plugin for my comment form?
I'm using the same blog platform as yours and I'm having problems finding one?

Thanks a lot!

my blog post Nuva CLeanse Review

Anonymous said...

Greetings from Ohio! I'm bored to death at work so I decided to browse your blog on my iphone during lunch break. I really like the knowledge you present here and can't
wait to take a look when I get home. I'm surprised at how fast your blog loaded on my mobile .. I'm not even using WIFI,
just 3G .. Anyways, fantastic site!

My homepage :: Ultra SLim Patch Review

Anonymous said...

Why visitors still use to read news papers when in this technological world all is existing on web?


My web-site ... Buy Ripped Muscle Xtreme

Anonymous said...

Thank you for any other informative website.
Where else may just I get that kind of info written
in such a perfect way? I've a venture that I am simply now operating on, and I have been at the look out for such info.

my weblog: Test force xtreme

Anonymous said...

I'm very pleased to find this web site. I need to to thank you for your time just for this wonderful read!! I definitely savored every little bit of it and I have you book marked to look at new stuff in your site.

Here is my web page: Elevate GF review