What is the rule of the rule on voluntary testimony?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Peddle, 2002 CanLII 14848 (NL PC):
[11] The statement of the rule, long considered definitive, is found in Ibrahim v. The King, [1914] A.C. 599 (P.C.): ...no statement by an accused is admissible in evidence against him unless it is shewn by the prosecution to have been a voluntary statement, in the sense that it has not been obtained from him either by fear of prejudice or hope of advantage exercised by a person in authority.
"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
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of fact based conclusions drawn from conflicting testimony of expert witnesses? (Newfoundland and Labrador, Canada)
What is the test for “voluntary assumption of risk” in the context of a claim for negligence? (Newfoundland and Labrador, Canada)
What is the test for a jury in a sexual assault trial where there are two competing versions of the facts? (Newfoundland and Labrador, Canada)
What is the test for self-contradiction in a sexual assault case? (Newfoundland and Labrador, Canada)
What is the burden of proof in a civil matter? (Newfoundland and Labrador, Canada)
Can the Chief of Police submit that because the Adjudicator made a finding regarding the inadequacy of the consent, such showed that he was alive to the issue of consent? (Newfoundland and Labrador, Canada)
What is the test for balancing the principles of fundamental justice with respect to human rights and society? (Newfoundland and Labrador, Canada)
Does a judge have jurisdiction to set aside a pre-existing agreement relating to the issue of legal custody? (Newfoundland and Labrador, Canada)
What is the test for calculating damages for a plaintiff's failure to mitigate her losses? (Newfoundland and Labrador, Canada)
Can a contract be frustrated when an employee suffers a permanent disability preventing him from working? (Newfoundland and Labrador, Canada)
