R v Helmhout (2001) 125 A Crim R 257

Facts: Helmhout (Defendant; D) was charged and convicted of murder. D was indigenous and therefore was subject to regulations regarding detention and questioning of “vulnerable” people. The regulations required an ALS representative to be contacted immediately. The police failed to do so before the interview and the confession was obtained (2 hours after his arrest). At trial, the custody manager gave evidence that he knew of the obligation to call the ALS but did not recall whether this was done. On appeal, D argued that a confession made in police custody should not have been admitted. 

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