R v McCloskey (No 3)

The case of R v McCloskey (No 3) involved a defendant who pleaded guilty to being an accessory after the fact to a murder. The deceased was shot five times in his doorway by a group, as part of an arranged confrontation. The accused admitted to driving the assailants to and from the property but claimed intimidation by a witness who obtained further admissions by wearing a listening device. The Crown's case primarily relied on these admissions, while the accused argued he fabricated claims of involvement in other murders to deflect suspicion. The court had to consider whether the accused's admissions were reliable and voluntary, and if the evidence was sufficient to convict him.

The primary legal issue was whether the admissions made by the accused to the witness were voluntary and reliable, given the accused's claims of intimidation. The court had to determine the admissibility of the tendency evidence suggesting the involvement of another person, and whether sufficient doubt was raised about the truthfulness of the admissions. Additionally, the court needed to assess if the evidence was sufficient to convict the accused of being an accessory after the fact.

The court found that there was sufficient doubt as to the reliability and voluntariness of the accused's admissions due to the alleged intimidation by the witness. The court held that the accused's admissions were not reliable enough to form the basis of a conviction. The tendency evidence was deemed admissible to show the involvement of another person, but it did not sufficiently link the accused to the crime. Consequently, the court found the accused not guilty of being an accessory after the fact to the murder. The court's decision hinged on the lack of reliable and voluntary admissions and the presence of sufficient doubt regarding the accused's involvement.