R. v. K., (1980) 5 Man.R.(2d) 348 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateDecember 15, 1980
JurisdictionManitoba
Citations(1980), 5 Man.R.(2d) 348 (CoCt)

R. v. K. (1980), 5 Man.R.(2d) 348 (CoCt)

MLB headnote and full text

R. v. K.

Indexed As: R. v. K.

Manitoba County Court

Judges Criminal Court

Eastern Judicial District

Ferg, C.C.J.

December 15, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5346

Evidence and witnesses - Confessions and voluntary statements - Form of statement - The Crown sought to introduce statements made by the accused to the police officers who interrogated him - Some 30 questions were asked, but not all of the questions were recorded verbatim, nor were all of the accused's answers recorded verbatim - No formal written statement was sought to be introduced, only the questions and answers as recorded in the officers' notebooks - The Manitoba County Court, Judges Criminal Court for the Eastern Judicial District, held that it would be highly prejudicial to the accused to allow the results, or partially recorded results of the interrogation into evidence even though the court was satisfied that the accused had answered voluntarily - The court stated that one may be satisfied that the accused's responses were voluntary, but unless the complete responses or statements are tendered, then one should be very careful and use the utmost scrutiny before allowing the statements into evidence - See paragraphs 7 and 8.

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement was made freely and voluntarily - Subsequent to a 30 minute interrogation in which not all the questions nor all of the accused's answers were recorded, the interrogating officers left the room - Upon returning to the interview room some 20 minutes later, the officers told the accused that he had been accused by a child of having sexually assaulted a younger child, who was badly injured and who required surgery - The accused reacted, banged the table with his hand, and uttered five words, which were accurately recorded by both detectives - The Manitoba County Court, Judges Criminal Court for the Eastern Judicial District, held that the five word response, accurately recorded, was voluntary and a completely spontaneous utterance by the accused - The court stated that the five words, whether inculpatory or exculpatory, were to be admitted into evidence - See paragraph 9.

Cases Noticed:

R. v. Koszulap, 27 C.R. 226 (Ont. C.A.), refd to. [para. 7].

R. v. Gallant (1980), 5 M.R.(2d) 225, refd to. [para. 7].

Counsel:

B. Kaplan, for the Crown;

S. Nozik, for the accused.

This case was heard before FERG, C.C.J., of the Manitoba County Court Judges Criminal Court for the Eastern Judicial District.

The oral judgment of FERG, C.C.J., was delivered on December 15, 1980:

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1 practice notes
  • R. v. K., (1981) 10 Man.R.(2d) 104 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • October 2, 1981
    ...Manitoba Court of Appeal dismissed the appeal. For a judgment of the trial judge on the admissibility of statements by the accused, see 5 Man.R.(2d) 348. Criminal Law - Topic General principles - Protection against self-incrimination - Unfavourable inference from accused's failure to testif......
1 cases
  • R. v. K., (1981) 10 Man.R.(2d) 104 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • October 2, 1981
    ...Manitoba Court of Appeal dismissed the appeal. For a judgment of the trial judge on the admissibility of statements by the accused, see 5 Man.R.(2d) 348. Criminal Law - Topic General principles - Protection against self-incrimination - Unfavourable inference from accused's failure to testif......

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