Does a voluntary choice to confess presuppose an "operating mind"?
Ontario, Canada
The following excerpt is from R. v. O’Brien, 2009 ONCJ 495 (CanLII):
[26] A voluntary choice to confess presupposes an "operating mind": Horvath v. The Queen, 1979 CanLII 16 (SCC), [1979] 2 S.C.R. 376, and Ward v. The Queen, 1979 CanLII 14 (SCC), [1979] 2 S.C.R. 30.
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