R. v. LeBlanc

R. v. LeBlanc

The court found beyond a reasonable doubt that the videotaped statement was voluntary because there were no oppressive circumstances, the accused was repeatedly and adequately warned and understood his right to silence (including duty counsel contact), he appeared calm and coherent on tape, and police conduct during questioning was measured and proper; accordingly the statement is admissible against LeBlanc.

Citation
2018 NSSC 234
Parties
Crown: Her Majesty the Queen; Accused: Coty Weston Warren LeBlanc; Accused: Michael Charles Benoit
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 September 2018
Procedural Posture
Criminal Possession for Purpose of Trafficking / Voir Dire on Admissibility/voluntariness of Videotaped Statement (decision)
Outcome
Videotaped statement admitted as evidence against Coty Weston Warren LeBlanc.
Legal Topics
Voluntariness of Statement, Right to Silence, Confessions Rule, Admissibility of Evidence, Police Caution
Source Language
English
Criminal Law Evidence Law Constitutional Law Voluntariness of Statement Right to Silence Confessions Rule Admissibility of Evidence Police Caution

Case Brief

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Parties

Her Majesty the Queen

Crown

Coty Weston Warren LeBlanc

Accused

Michael Charles Benoit

Accused

Procedural Posture

Criminal Possession for Purpose of Trafficking / Voir Dire on Admissibility/voluntariness of Videotaped Statement (decision)

Legal Issues

  1. 1 Whether the videotaped statement was given voluntarily
  2. 2 Whether oppressive circumstances existed prior to or during the interview
  3. 3 Whether police warnings/cautions were adequate and understood given the time gap and duty counsel contact

Ratio Decidendi

The court found beyond a reasonable doubt that the videotaped statement was voluntary because there were no oppressive circumstances, the accused was repeatedly and adequately warned and understood his right to silence (including duty counsel contact), he appeared calm and coherent on tape, and police conduct during questioning was measured and proper; accordingly the statement is admissible against LeBlanc.

Court Disposition

Videotaped statement admitted as evidence against Coty Weston Warren LeBlanc.

Orders

  • Videotaped statement of Coty Weston Warren LeBlanc (10:17 a.m.–12:17 p.m., Nov 5, 2017) is admissible and may be used as evidence against him alone.