Does the state of mind of the accused affect the admissibility of a statement by the police?

Newfoundland and Labrador, Canada


The following excerpt is from R. v. Barrett, 2021 NLSC 123 (CanLII):

Further, in Hobbins v. R., 1982 CanLII 46 (SCC), [1982] 1 S.C.R. 553 the court noted that the state of mind of the accused is relevant to the admissibility of a statement made to police after interrogation. An atmosphere of oppression may be created in the circumstances surrounding the taking of a statement even though there may be no inducement held out of hope of advantage, or fear of prejudice, and absent any threats of violence or actual violence. However, there must be external circumstances brought about by the conduct of the police as opposed to the accused’s own timidity or subjective fear before doubt is cast on the voluntariness of the statement. There may also be particular considerations affecting the accused which would justify doubt as to voluntariness.

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