R. v. MacIntosh

R. v. MacIntosh

Although the accused was subjected to unacceptable treatment that created an atmosphere of oppression (prolonged handcuffing, lack of food/water, interrupted sleep, delayed medication and unsuitable placement in an interview cubicle), the Crown proved beyond a reasonable doubt that the accused retained an operating mind, was not explicitly offered inducements, and from the time of arrest wanted to tell his version; therefore his will was not overborne and the statement was voluntary and admissible.

Citation
2021 NSPC 46
Parties
Crown: Her Majesty the Queen; Accused: Cody MacIntosh
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 November 2021
Procedural Posture
Criminal Voir Dire on Voluntariness of Statement / Pre Trial Judicial Determination (voluntariness Hearing)
Outcome
Court held the statement voluntary and admissible; Crown met its burden beyond a reasonable doubt.
Legal Topics
Voluntariness of Statement, Confessions Rule, Oppression, Inducements/promises, Operating Mind, Right to Counsel
Source Language
English
Criminal Law Evidence Police Procedure Mental Health Voluntariness of Statement Confessions Rule Oppression Inducements/promises +2 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Cody MacIntosh

Accused

Procedural Posture

Criminal Voir Dire on Voluntariness of Statement / Pre Trial Judicial Determination (voluntariness Hearing)

Legal Issues

  1. 1 Whether the statement given by the accused was voluntary
  2. 2 Whether the conditions of detention constituted oppression
  3. 3 Whether improper inducements or promises were made

Ratio Decidendi

Although the accused was subjected to unacceptable treatment that created an atmosphere of oppression (prolonged handcuffing, lack of food/water, interrupted sleep, delayed medication and unsuitable placement in an interview cubicle), the Crown proved beyond a reasonable doubt that the accused retained an operating mind, was not explicitly offered inducements, and from the time of arrest wanted to tell his version; therefore his will was not overborne and the statement was voluntary and admissible.

Court Disposition

Court held the statement voluntary and admissible; Crown met its burden beyond a reasonable doubt.

Orders

  • Statement admitted into evidence for trial