R v McLean, 2003 CanLII 27492 (NL PC)

McLean was charged with unlawfully killing his dog contrary to section 445(a) of the Criminal Code. His small dog had been found hanging from a tree on a path. A chain had been wrapped around its neck and it had been left to die.

This is a voir dire as to the admissibility of three pieces of evidence against McLean at his trial. The evidence in dispute is two statements, as well as a comment made by McLean to a police officer. McLean argues that these statements are not admissible as they were provided after he received an improper inducement and in violation of his right to contact counsel in accordance with section 10(b) of the Charter.

The judge concludes that the written statement obtained on December 8, 2002 is admissible; however, the oral statement and the videotaped statement made by McLean on December 13, 2002 are inadmissible.

Source: Case Law

Jurisdiction: Newfoundland and Labrador

Topics: chainCharterCharter applicationCriminal Codedeathdoghungimproper inducementinadmissibilityinadmissiblekillright to counselsmall dogstatementsunlawfully killing a dog

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