In a sexual assault case, in what circumstances will the accused have his statements excluded?

British Columbia, Canada


The following excerpt is from R. v. Peters, 1999 BCCA 406 (CanLII):

The accused also argued that his statements should be excluded because of the overstatement made by the police about the identification of the accused by the woman riding the horse. He relied upon the judgment of Lamer J. (as he then was) in Rothman v. The Queen, 1981 CanLII 23 (SCC), [1981] 1 S.C.R. 640, that a statement induced in circumstances that would bring the administration of justice into disrepute will be inadmissible. In that case, however, Lamer J. also said at 697: It must also be borne in mind that the investigation of crime and the detection of criminals is not a game to be governed by the Marquess of Queensbury rule. The authorities, in dealing with shrewd and often sophisticated criminals, must sometimes of necessity resort to trick or other forms of deceit and should not through the rule be hampered in their work. What should be repressed vigorously is conduct on their part that shocks the community.

Other Questions


Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
In what circumstances will the quantum of damages be determined in a sexual assault case? (British Columbia, Canada)
What is the test for acquittal in a sexual assault case where the accused believed the victim was under 14? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
Can a statement of defence be struck out in a sexual assault case? (British Columbia, Canada)
In what circumstances is a plaintiff entitled to rely on necessity in a sexual assault case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.