R. v. Genge, (1982) 37 Nfld. & P.E.I.R. 455 (NFPC)

• Judge: Trahey, J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 10, 1982
• Jurisdiction: Newfoundland and Labrador
• Citations: (1982), 37 Nfld. & P.E.I.R. 455 (NFPC)

R. v. Genge (1982), 37 Nfld. & P.E.I.R. 455 (NFPC);

    104 A.P.R. 455

MLB headnote and full text

R. v. Genge

(No. 2)

Indexed As: R. v. Genge

Newfoundland Provincial Court

District of St. John's

Trahey, J.

February 10, 1982.

Summary:

The Crown moved to have certain statements made by an accused admitted as part of a voir dire, without proving that the statements were voluntary.

The Newfoundland Provincial Court dismissed the motion and held that the issue of voluntariness should be decided before the issue of admissibility. See also 37 Nfld. & P.E.I.R. 451; 104 A.P.R. 451.

Criminal Law - Topic 5337

Evidence and witnesses - Confessions and voluntary statements - Admissibility - General - The Newfoundland Provincial Court stated that the practice in Newfoundland was to determine whether a statement was voluntary, before deciding whether to admit the statement into evidence - The court stated that if the statement was voluntary, it would be entered into evidence, when the judge would see it for the first time; if involuntary, it would not be admitted and remain unseen by the judge - See paragraph 1.

Criminal Law - Topic 5337

Evidence and witnesses - Confessions and voluntary statements - Admissibility - General - The Newfoundland Provincial Court referred to the law governing the admission of statements by an accused to persons in authority - See paragraph 4.

Cases Noticed:

R. v. Reburn (1981), 24 A.R. 168, consd. [para. 2].

R. v. Cremo (1981), 42 N.S.R.(2d) 234; 77 A.P.R. 234, refd to. [para. 4].

Counsel:

David Day, for the Crown;

William English, for the defence.

This motion was heard before TRAHEY, J., of the Newfoundland Provincial Court, District of St. John's, whose decision was delivered on February 10, 1982.