Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Examples:
Definition : s.17
(1) An admission is a statement, oral or
documentary, which suggests any
inference as to any fact in issue or
relevant fact, and which is made by
any of the persons and under the
circumstances hereinafter mentioned.
- civil/criminal
(2) A confession is an admission made at
any time by a person accused of an
offence, stating or suggesting the
inference that he committed that
offence.
- Criminal
*Note : not every admission is a confession
but every confession is an admission.
Anandagoda v R
-
ADMISSION
statement made by an
accused person which
is sought to be proved
against him in a
criminal proceeding to
establish
the
commission of an
offence by him
if deliberately and
voluntarily made may
be
accepted
as
conclusive in itself of
the matters confessed
always goes against
the person making it
usually relates to a
civil transaction and
comprises
all
statements
amounting
to
admissions as defined
in section 18
ADMISSION
Can an admission /confession be tendered in
evidence?
An admission is substantive evidence of the
fact admitted and is admissible as an exception
to the hearsay rule.
PP v DSAI
-
Admission by whom:
s.18(1) , (2) , (3):
1.party to proceedings
2.agents
3.Parties acting in a representative
character
4.Person with proprietary/pecuniary
interest
5.Persons from whom parties have
derived their interest.
Note : PP V DSAI
Accused is a party to a proceeding.
Exception:
s.23
communications:
Without
prejudice
2 CONDITIONS:
a. parties must be in negotiations over a
dispute
CONFESSION
a. oral/writing (How)
c. by A (Who)
Definition: s. 17(2)
Anandagoda v R
Its an exception to hearsay rule and can used
against the maker ( DSAI , S.21).
Examples:
It must implicate
the maker (must be
inculpatory)
PP v Othman A. Aziz
-
Murder charge.
Murdered his gf cos she refused to
marry him.
Regretting it later
Confessed to the owner of the
restaurant where he works.
Was advised to lodge a police
report and did.
Confession was made bef the
arrest therefore, 113 not affected.
Junaidi Bambang v PP
-
Admissibility of confession:
A confession under s.17(2) is admissible under
s.21 as evidence of the truth of contents as
against the maker of the confession.
Note : s.17(2) & s.21 cannot be read in
isolation but must be read together with other
provisions of EA as well as other legal
provisions (CPC , DDA etc)
Exclusion of confession:
s.21 allows for the admission of a confession ,
unless it is excluded by other provisions of law
EA
Other provisions
s. 24, 25, 26
CPC/DDA/CL
R v Wong Ah Kin
The Evidence Ordinance defines an admission
and a confession, a confession being included
under the general definition of admissions. And
then under section 21 it makes admissions
relevant. The effect of that is that all
confessions are relevant and can be proved
unless they are excluded by some other section
of the Ordinance or by some other rule of law
not perhaps contained in the Ordinance.
a. it is voluntary(S.24)
b.
proper
procedures
are
followed(S.25/26 & CPC/DDA etc)
Elements:
a. confession by an A
TIP
NOT TIP
1. You had better tell 1. be sure to tell the
the truth - PP V NAIKAN truth R v COURT
Q OF FACT
Not possible to provide an exhaustive list.
The TIPO must have an impact on the mind of
the A.
If no impact / causation. S.24 will not apply the
confession is voluntary and admissible.
(TIPO)
Oppression was judicially implied
in to s.24 and now widely
accepted.
TIPO is a Q of fact
Can be direct/indirect
Express/ implied
Words used is not the only factor
Mannerism
Test: what impact it had on the
mind of the A.
If it causes the A to make the
statement because he reasonably
believed he will gain an
advantage/
avoid
an
evil
involuntary
TIP
(Objective test: Q of fact)
Impact on A
(Subjective)
OPPRESSION
Deokinanan v R
R v Priestley
-
R v Fulling
-
Exercise of
burdensome,
manner
Unjust/cruel
inferior
Imposition of
unjust burden
authority in a
harsh or wrongful
treatment of an
a unreasonable or
Factors to be considered:
o
o
o
o
Element:
1. Subject to any express provision in any
written law (suggests that other express
provisions will prevail over s.25)
2.GR : No confession made to a PO below the
rank of Inspector can be proven against him.
PP v Kamde Raspani
Breach of lock up rules can amount to
oppression
Elements:
Exceptions :
1.
2.
3.
4.
SUMMARY:
1. Confessions made to PO in the course
of PI for Penal code offences OUT (
new s.113 CPC)
2. Confessions made non police officer
can still be admitted.
3. Confessions can still be admitted
under other statutory provisions
which have not been amended :S.37A
DDA1952,S.45 ANTI CORRUPTION ACT
1997& S.16 KIDNAPPING ACT1961
4. AGC policy to longer tender
confessions made to PO
What benefit ?
Knowledge of the crime / circumstances of
the crime
inference
strengthens
the
Elements:
a. information
b. received from Accused in the
custody of PO
c. fact must be discovered in
consequence of the information
d. fact must be relevant to the crime.
Sambu v R
Jeyamuraly v PP
Acts such as nodding/pointing in response to
a Q can amount to info under S. 27
Discovery
Wong Nam Loi v PP
-
Cf: Md Desa
s.27 is subject to s.24.
Francis Antonysamy v. PP
Krishna Rao Gurumurthi v. PP
Lim Ah Oh V R
Wai Chan Leong V PP