Evidence Law: Confessions Examination Past Paper PDF

Here's the conversion of the document into a structured markdown format. ### Evidence Law #### Confession Confession is when a criminal suspect's oral or written acknowledgment of guilt. Confessions are covered in criminal law. According to Section 28 of the Evidence Act: Confessions are defined...

Here's the conversion of the document into a structured markdown format. ### Evidence Law #### Confession Confession is when a criminal suspect's oral or written acknowledgment of guilt. Confessions are covered in criminal law. According to Section 28 of the Evidence Act: Confessions are defined as any admission made by someone charged with a crime that suggests they committed the crime. A confession may be judicial or extra-judicial. A judicial confession explicitly states or admits guilt and serves as a basis for judicial proceeding. An extra-judicial confession is made out of court as part of a judicial examination or investigation. A confession may be made orally or in writing. It must always be direct and not influenced by reasonable doubt. In *Afolabi V Commissioner of police* it was held that if the confession was not done per punitive, it was, therefore, inadmissible. Once it's direct, uncoerced, voluntary, and positive, the prosecution has finished its case and there is no reasonable doubt remaining. N.B: for it to be admissible as evidence, it must comply with the provisions of the Evidence Act to be admissible. It must be preceded. Relevance and admissibility is of key importance to evidence; thus pleading, relevancy, and admissibility are very important in evidence. For example, compulsory general evidence must comply with $ 84 of the Evidence Act. The fact that an accused has denied making the confession does not make it inadmissible. In Sule v Alake, The Supreme Court held that a confession statement is part of the evidence produced by the prosecution. A court can still convict on a confession statement, even if the accused person denies having or rejects it. It is also important to note that an unsigned confession statement is admissible in court, though with less weight to it. When confession is relevant? Under $29(a) of the evidence act confession made by a defendant may given evidence against him if it's relevant to any matter in the proceedings. A confession must be accepted by the court if it is represented to court that the confession was obtained. By oppression of the person who made it. The burden of proving that $29 as cos was hel person s confession lies on the prosecution. As earlier picked, a confession must be voluntarily given. Where it is then pleaded that it was made voluntarily given, that within brief is conclusive to determine to the voluntariness of the confession tendered. Under 2905(1)(a) Oppression Includes torture, inhuman, and degrading treatments and the use or threat of violence which aim at something to incriminate. In *R V Baldayl Baven Parke*, said that in order to render a confession admissible in evidence, it must be perfectly voluntary and there is no doubt that any inducements are in the nature of a promise and its threat held out by authorities vices e confession If a confession is made allow the oppression or due conced has grants in the opinion of the court, the confession becomes relevant as admissible: if the oppression and by which the first confession as made still pensions when the second contention as made, then It is inadmissible *Fotale V Aud*. ##### Effect of confession on co-accused $29 (4) of the evidence act provides that where more persons than one are charged jointly with an offense and a confession made by one of such persons in the presence of one or more of the other person so charged to given in evidence, the court shall not take such statements into consideration as against any of such other person in whose presence it was made unless he accepted paid statement by wants os sanders to ensure that a confession statement is evidence against the person who made it and indeed any significant person who made this principle was applied in *Tanko A V state*, it related in *Olakhve V dise* whether and tell that statement made by an official to the police may amount to statement of office for which he was charged and is any sales possible to him alone aimed against co- sess out *Oberxki JSC 2 0 Ozaki V State*, held that it is an area it's not secured on the statement of other serial to the police it is a warranty of justice odd given consideration to all known tomes of prudence it is pertinent to note that Silence does not amount to adoption to concoctions What happens when a person velvetos if a confessional statement? The only confessional statement that can be rebuttal is an extrajudicial statement in evidence any statement made by a person must be signed. The diskais *ACJA*. But if the friend refuse to sign the confession statement, the prosecution may choose to request is unsigned confessional statement, but it will be of lesser urgent the court may in this instance take into consideration, the evidence including circumstantial evidence with men will corroborate with the confessional statement, The court will also take into consideration the likelihood of the accused committing the alleged crime. the only ground for not accommodating a confession statement is when it is given involuntary. as rauler shout. If 11 is retracted, 11 is still admissible as was evidence in R V Hulle. In Criminal trick, the scount cannot remix fhis confessioned statement given testimony in an open count Howeer, in card uid evidence may be vecalial N change lleir testimaag previous memories. He alland o velrash fios memay £ $ 239 of the Euridice Actt. Haweur, when the pulice versan o fauce get he w sfelemaint signel It becomes Inselmssible Lo 29955 of die E. AS Confession made dinde promise of Secrecy or in Conslevence of deception. According to $ 31 of the evidence act if S confession is relevant, if dan wel he come forelent Otherwise It was made unders promises of secrecy or in countenance ofs deception practised on the defendant for the purposes of obtaining it as when he was drunk al became test In answer wavestions which in he need nut hav answered whatker may has been the form of flere avestions or hecame he was not warned that he was all band so make such stdement and that ewidence of it might be given. In *James Igbinovia v The State*, the DC treld Mat the confession male by the appelant in Consewence of a deception CA him Schmassible the police Investigching Go a confession. in thay carse, murar druguest suthe policeman o te luckal up in cell where the buspid also locked up One of the Pelicanen besohel to the suspeed that he was a notarias murder As s vowell of this one et te suspects confessions that he fock pal Lalling te deckanel af mental be dan and then the wes held he he salmassive