Can a confession be used as evidence against a co-accused?
Alberta, Canada
The following excerpt is from R. v. Klippenstein, 1981 ABCA 14 (CanLII):
For this reason an admission is evidence against only the person making it. No such limitation is required for the res gestae statement. As one of the events of the occurrence being investigated, once admitted it becomes evidence for or against all participants in the trial affected by it. Thus in my opinion, the principle enunciated in McFall v. The Queen (supra) that the confession of an accused may not be used in relation to the case against a co-accused, has no application to a res gestae statement.
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