On a Crown application in a murder prosecution, the court considered whether statements made during a late-night custodial interview were voluntary.
Applying the voluntariness framework and the jurisprudence on persistent police questioning, the court held that the cumulative circumstances — including an improper strip search, repeated complaints of cold, minimal food, serious medical condition, fatigue, and continued questioning after the accused said he did not want to speak — created oppression.
The Crown failed to prove beyond a reasonable doubt that the statements were voluntary or the product of a free operating mind.
The application to tender the statement for use if the accused testified was dismissed.
