R v DRF (2015) 263 A Crim R 573

Facts: Defendant (D) was charged with sexually abusing the complainant (C) (his stepson) from the age of 4 to 12 (where it suddenly stopped). At age 17, C spoke out and 8 years after abuse, he brought a claim. C’s mother approached D where D said “I did play with him” but denied penetration. Police fitted C with a listening device and he was sent willingly back to the family home to have a confrontation with D; in course of that, D made admissions. D sought to get these admissions rejected as C was acting under police guidance and therefore, it was improper as he did not receive a special caution and had previously refused to be investigated. In a preliminary hearing, the judge excluded the recording (one reason being s 90 Evidence Act). This was a ground of appeal. 

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