Is the absence of a caution a factor in determining the voluntariness of a statement?
Ontario, Canada
The following excerpt is from R. v Daley, 2015 ONSC 7164 (CanLII):
If I am wrong in this regard, the presence or absence of a caution is merely a factor to consider in determining the voluntariness of a statement: Singh, at para. 31; Boudreau v. The King, 1949 CanLII 26 (SCC), [1949] S.C.R. 262. As noted by Watt J.A. in E.B., at para. 88, “the absence of the standard caution is only one factor to be considered in the voluntariness analysis - just as the presence of such a caution does not automatically lead to the conclusion that a statement is voluntary”. The absence of a caution here, even if one was required, did not render an otherwise voluntary statement involuntary.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a statement by an accused a voluntary statement admissible in evidence against him? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (Ontario, Canada)
What factors will the court consider in determining whether to order a passing of accounts in the absence of an attorney? (Ontario, Canada)
Is failing to properly caution a suspect fatal to the voluntariness of a statement? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
Is a failure to caution a suspect fatal to the voluntariness of a statement? (Ontario, Canada)
What factors are considered in determining whether a person with severe depression should be found dead? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
When will a court consider the location of expert witnesses as a factor in determining the venue of a trial? (Ontario, Canada)
What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support? (Ontario, Canada)
