The Crown applied for a ruling on the voluntariness of the defendant's statement made to police during a cautioned interview.
The defendant, Michael Sutton, was charged with assault, sexual assault, and attempted murder.
The court reviewed the circumstances of the interview, including the defendant's state after being awakened and arrested, police conduct, and the absence of threats or inducements.
Applying the confessions rule, the court found that the statement was voluntarily given beyond a reasonable doubt, dismissing the defendant's arguments regarding sleep deprivation, lack of food, an uncomfortable cell, and an oppressive interview atmosphere.
