Will of accused not overborne by manner of questioning, by ingestion of alcohol prior to interview o

Evidence | Admissions | Admissibility

Accused was charged with dangerous operation of a motor vehicle and failing to remain at scene of accident causing bodily harm in connection with a collision between vehicle and person at or near the intersection. Crown sought ruling as to voluntariness of accused’s videotaped statement made to Detective at police station. Evidence admissible. Court was satisfied beyond a reasonable doubt that will of accused was not overborne either by manner of questioning or by the police officer or by ingestion of alcohol prior to interview or by combination of both. Statement of accused was voluntary and was admissible in evidence.

R. v. Pack (2019), 2019 CarswellOnt 6214, 2019 ONSC 2413, Then J. (Ont. S.C.J.).

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