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Admissibility of statements

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Published by Canada Law Book in Aurora, Ont .
Written in English


  • Admissions (Law) -- Canada.,
  • Confession (Law) -- Canada.,
  • Evidence, Criminal -- Canada.,
  • Police questioning -- Canada.

Book details:

Edition Notes

Includes index.

StatementRené J. Marin.
The Physical Object
Pagination v. (loose-leaf) ;
ID Numbers
Open LibraryOL17844560M
ISBN 100888042205

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Get this from a library! Admissibility of statements. [René J Marin] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Search for a Library. Create # Canada Law Book\/span>\n \u00A0\u00A0\u00A0\n schema. rules govern the admissibility of statements depending on who seeks to introduce the statement, the purpose for its introduction, and the circumstances surrounding the giving of the statement. This paper will review the admissibility of an accused’s out of court statements in a criminal trial and the leading cases that bear on the subject.1 Size: 78KB. Admissibility of statements / Author: René J. Marin. Publication info: Aurora, Ont.: Canada Law Book, Format: Book. Statements made by way of complaint in sexual assault cases frequently ascribe a particular state of mind to the accused; such evidence is admissible to show consistency on the part of the complainant and becomes evidence of the truth of what was stated pursuant to s R v Whyte [] NSWCCA 75 at [28]–[31], [65].

Admissibility of statements not amounting to full confessions by accused in criminal trial. At common law, statements made informally by the accused are only admitted if proved to have been made freely and voluntarily. "Freely and voluntarily" means only that the statement has not been induced by threat or promise from someone in authority. This book is like a treasure for a counsel. When I first got to open this book as a novice I felt more like "an Alice in the wonderland" of law. Its best read for every practicing lawyer and students for appearing in vying. Must read for a criminal lawyer as it deals all the likely 3/5(1).   That is to say once these four conditions precedent for admissibility of a statement contained in a document produced by a computer, and the evidence so generated is reliable and authenticated by appropriate authority, or signed by a person occupying a responsible position in relation to the operation of the relevant device; the evidence so.   My first visit in this laborious process will be to section 29 (2) (a) – (b) of the Evidence Act, which governs admissibility of confessional statements and sets out the circumstances under which statements qualifying as confessions will be admitted. Curiously, and interestingly Sect as with any other section of the entire.

Juvenile advisement of rights - accompanying adult's adverse interest - admissibility. Under current law, statements by a juvenile concerning delinquent acts committed by the juvenile are admissible against the juvenile so long as the juvenile is accompanied by one or more specified adults during the advisement of constitutional rights and during the interrogation.   If you are under investigation by the police, it is important to remember the words of the Miranda Warning: anything you say can and will be used against warning is intended to serve as a reminder that any statements you make during police questioning can be admissible in court. For many criminal defendants, however, a more complicated question arises: can statements you make .   Common-law cases address the admissibility of statements made only by the patient. E.g., Gilmore v. American Tube & Stamping Co., 79 Conn. , , 66 A. 4 (). Section (5) does not, by its terms, restrict statements admissible under the exception to those made by the patient. For example, if a parent were to bring his or her unconscious. S. 38 of the Evidence Act , make hearsay evidence inadmissible however an exception to this rule is S which states that statements made in the ordinary course of business is admissible when it consist of any entry, or memorandum made in books, and electronic device .