R. v. Preston, (1980) 8 Man.R.(2d) 179 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: February 28, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 8 Man.R.(2d) 179 (CoCt)

R. v. Preston (1980), 8 Man.R.(2d) 179 (CoCt)

MLB headnote and full text

R. v. Preston

Indexed As: R. v. Preston

Manitoba County Court

Judges' Criminal Court

Lockwood, C.C.J.

February 28, 1980.

Summary:

The accused submitted that her statement given to the police was inadmissible, because it was not voluntary and because she was denied the right to consult counsel before making the statement. The accused complained that she was roughly and improperly treated by the detectives, she had been told her clothes would be taken away for analysis, if she did not cooperate, and she had been promised help if she did cooperate.

The Manitoba County Court, Judges' Criminal Court, held that the statement was inadmissible because it was not freely and voluntarily given. The court further held that the denial of the accused's request to consult counsel was sufficient to render her statement inadmissible.

Criminal Law - Topic 5338

Evidence and witnesses - Confessions and voluntary statements - Admissibility - Where accused's rights violated - The Manitoba County Court, Judges' Criminal Court, held that the denial of the accused's request to consult counsel prior to giving a statement was sufficient to render the statement inadmissible - See paragraph 15.

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement made freely and voluntarily - The Manitoba County Court, Judges' Criminal Court, held that the credibility of the accused's evidence of rough treatment by detectives prior to giving her statement created a reasonable doubt regarding whether or not the statement was freely and voluntarily given - The court held the statement was inadmissible - See paragraphs 11 to 14.

Cases Noticed:

R. v. Ballageer, [1969] 3 C.C.C. 353; 66 W.W.R.(N.S.) 570, refd to. [para. 10]; folld. [para. 15].

Boudreau v. The King (1949), 94 C.C.C. 1, consd. [para. 12].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, App. 3.

Authors and Works Noticed:

McWilliams, Canadian Criminal Evidence (1st Ed. 1974), p. 251 [para. 13].

Counsel:

D. Rampersad, for the Crown;

M. Braunstein, for the accused.

This case was heard before LOCKWOOD, C.C.J., of the Manitoba County Court Judges' Criminal Court.

The judgment on the voir dire was delivered on February 28, 1980: