2 total
Accused's statements to police ruled inadmissible due to reasonable doubt regarding his operating mind.
The accused, who suffers from schizophrenia and cognitive impairment, was charged with the second-degree murder of his mother.
The Crown brought a motion to admit the accused's videotaped statement to police and an initial statement made upon arrest.
The court applied the confessions rule and the operating mind doctrine, finding that while the police treated the accused respectfully, his cognitive limitations raised a reasonable doubt as to whether he understood that his statements could be used against him in criminal proceedings.
The application to admit the statements was dismissed.
The accused was acquitted of sexual assault and interference charges against his step-grandson due to reasonable doubt.
The defendant, C.R., was charged with sexual assault and sexual interference involving his step-grandson, T.C., then 10-11 years old.
The trial judge, sitting without a jury, assessed the credibility and reliability of both the complainant's and the accused's testimony.
Despite finding the complainant generally credible and the allegations highly likely, the judge found that inconsistencies in the complainant's evidence, coupled with the absence of serious flaws in the accused's denial, prevented the Crown from proving guilt beyond a reasonable doubt.
The accused was acquitted.
