R. v. Seguin

R. v. Seguin

The Crown proved beyond a reasonable doubt that Exhibit 1 was voluntarily made and the accused had an operating mind; the Crown was not required as a matter of law to call every officer present, the testimony and the videotaped statement provided a sufficient evidentiary record, and the absence of a secondary caution did not render the statement involuntary.

Citation
2014 NSPC 120
Parties
Crown: Her Majesty the Queen; Accused: Gregory Leo Seguin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 January 2014
Procedural Posture
Criminal / Voir Dire (admissibility of Statement Voluntariness)
Outcome
Voir dire resolved for Crown; statement (Exhibit 1) admitted as voluntary and made with an operating mind.
Legal Topics
Voluntariness of Statement, Operating Mind, Police Caution, Witness Calling Obligations in Voir Dire, Search Warrant Execution
Source Language
English
Criminal Law Evidence Charter Law Voluntariness of Statement Operating Mind Police Caution Witness Calling Obligations in Voir Dire Search Warrant Execution

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Parties

Her Majesty the Queen

Crown

Gregory Leo Seguin

Accused

Procedural Posture

Criminal / Voir Dire (admissibility of Statement Voluntariness)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the statement (Exhibit 1) was voluntary
  2. 2 Whether the Crown's failure to call certain officers (e.g. Constable Trider) precludes a finding of voluntariness
  3. 3 Whether the officers' incomplete recollections and recordings were sufficiently reliable to prove voluntariness

Ratio Decidendi

The Crown proved beyond a reasonable doubt that Exhibit 1 was voluntarily made and the accused had an operating mind; the Crown was not required as a matter of law to call every officer present, the testimony and the videotaped statement provided a sufficient evidentiary record, and the absence of a secondary caution did not render the statement involuntary.

Court Disposition

Voir dire resolved for Crown; statement (Exhibit 1) admitted as voluntary and made with an operating mind.

Orders

  • Exhibit 1 (video/audio recorded statement) admitted into evidence.