CRIM 330 Lecture Notes - Lecture 5: Reid Technique, Canada Evidence Act, Fundamental Justice
Document Summary
Cl confession rule: r v oickle, aka voluntariness rule, if admission made to pia, crown must establish bard that choice wasn"t overborne by. If testify trial, right not to have evidence used against you in separate trial. If yes, were statements elicited: undercover police in detention, r v herbert. Derivative evidence: derivative confession, lri, depends on connection, derivative evidence, real evidence found on basis of confession. Tim bosma murder: executed warrants, witnesses, cellphone records & text messages, real evidence, tooth, truck, dna, gun powder residue on tool box, arrested mark smich & dellen millard for fist degree murder. Disclosure: s. 7, right to make full answer & defence, principle of fundamental justice, stinchcombe, crown duty to disclose all relevant information, depends on police disclosure, continuing, discretion if jeopardize witness/investigation. Third party disclosure: third party records, o"connor, 278. 1 sexual assault cases, records held by psychologist, probative to issue at trial, could reasonably be used by defence.