ADMISSION
ADMISSION
ADMISSION
ADSMISSION EVIDENCE
- Formal admission (s58)
- Informal admission (s17(1))
- © MA Clyde v Wong Ah Mei
Ada accident between bicycle and car, and the girl lodge a police report
- Informal can be use to build our case
- FIR can be used as informal evidence
REQUIREMENT
A) TYPES
Plenary Confession
- Common confession
- Eg: I killed him
Non-Plenary Confession
- Incriminating statement
- Eg: I am the owner of the gun which caused the death
© Anandagoda v R
Lecturer having an affair with a student, and she got pregnant. The lecturer brought her in
the middle of the road and crashed her with a car to cover the case. Lecturer refuse to
confess. Ada bukti lain yang ditemui, so the issue is whether that indirect evidence can be
fall under indirect confession.
- This case court recognized non-plenary confession and followed by few cases.
- Khalid bin Abdul Hamid v PP, Chan Kin Choi v PP
© Ghulam Hussain v R
Statement bawah sedtion 164 Code of Criminal Procedure
Statement is admission, not confession
Malaysia kita section 115 CPC
- Confession under section 21 EA 1950
- Not necessary to police it can be to anyone
© PP v Othman A aziz
Confess to the restaurant he worked
VOLUNTARY CONFESSION
Section 24 – confession made by inducement, threat or promise where it is
irrelevant in criminal proceedings by the person in authority is irrelevant
© Ibrahim v The King & © DPP v Ping Lin – not accepted uless proven voluntary
Veera Ibrahim v Maharashta
- Stament must be confession
- By accused
- Has been made to person in authority (it is very subjective) Lee Kim Ching
- Confession obtain by any inducement or threat or promise must have
connected with the charge
- The inducement must be sufficient in opinion of court and would gain
advantage and avoid any evil in reference to proceeding
B) ISSUE OF OPPRESSION
- Subjective in nature
- © Datuk Mokhtar Hashim v PP – partly from section 24 EA 1950
- Eg: tak dapat makan, lebam, tak bagi ubat, interrogation in not suitable time etc, the
gender of the police in interrogating accused
- © PP v Chan Cjoon Keong, Per Faiza Thamby Chik JC highlighted few relevants
facts to be identify to consider as an oppression.
a) Characteristic of the accused
b) Period of time during he was questioned
c) Length of time during custody
d) Whether he was given time to rest and refreshment
- Section 25 EA 1950
‘Confession to police officer below the rank of inspector is not admissible.’
- Probationary Police Inspector (below rank)
- © R v Wong Ah Kin – Police officer is police officer
- Ada amendment di CPC
“Section 17(2), 21, 24, 25, 26 EA 1950 & section 113 CPC” – no longer applicable
confession to police officers regardless the rank
- Section 113 CPC strict only in defence also can be under DDA, Kidnapping, Money
Laundery, MACC
- Section 26 EA 1950
‘confession during custody cannot be used’
- © Lee Yew Seng v PP
Confession before the court
- Section 30 EA 1950
‘where more than one person jointly for the same offence , we can use confesion’
- Requirement:
(a) Person must be tried jointly
(b) Confession must be proved (refer section 24)
(c) Must be done affecting the maker and the co – accused
Singapore
© Chin Seow Noi v PP
Credible to be evidence under section 3
Malaysia
© Indran v PP
Credible to be evidence under section 3
RETRACTED CONFESSION
- © Yap Sow Keong & Anor v PP
- © Osman & Anor v PP – can use retracted confession against the maker