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ALBERTA - Court of Appeal: R. v. S.L.S. [1999] A.J. No. 69; 1999 ABCA 41 |
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ALBERTA
Court of Appeal
R. v. S.L.S. [1999] A.J. No. 69; 1999 ABCA 41
http://www.canlii.org/ab/cas/abca/1999/1999abca41.html
FACTS: Application for appeal from a sexual assault conviction. SLS was 13 years old and was diagnosed with
FAS. A conviction would not have occurred if induced statements by SLS were not admitted. SLS claims that the investigating officer induced his statements by telling him it was the only way to get better.
HELD: The application for appeal was allowed. SLS's conviction was quashed and an acquittal ordered. The investigating officer was well aware that SLS had FAS and cognitive difficulties. The constable told SLS that telling the truth would help him rehabilitate. The court viewed this as inducing his statement. The trial judge erred in allowing the statement to be admitted.
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