Search found 2 matches

by Tekinter
Tue Feb 21, 2012 5:52 pm
Forum: Courts and Procedure
Topic: R vs White Defence
Replies: 13
Views: 4675

Re: R vs White Defence

Yes I believe he understood that he has to identify himself.
That id is statutorily compelled.
The question is can the crown use a statutorily compeled statement as evidence at trial?
Assuming that statement incriminates this individual?
by Tekinter
Tue Feb 21, 2012 12:33 pm
Forum: Courts and Procedure
Topic: R vs White Defence
Replies: 13
Views: 4675

Re: R vs White Defence

I have been researching R. v White as a possible defense at trial for a friend that has a drive suspended case. His initial statement was the only thing that identified him to police. He was handcuffed and placed in the back of the police car which I think most would call being placed under arrest. I have read disclosure in this specific case and nowhere does it say in disclosure that the officer read him his rights 10a 10b. So my question is can the crown use my friends statutorily compelled statement at trial. The statement is incriminating plus this is not just a liability case this is liab...