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13 Cards in this Set
- Front
- Back
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Confessions are believed reliable |
R v Hayter (2005) they could not have made the confession against themselves had it not been true |
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Problem: confessions are becoming unreliable |
It is acknowledged that confessions could be for reasons other than the truth. It could have been fabricated, it could have been coerced through threat or otherwise. It could have pulled out by oppressive methods. |
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Burden of Proof |
Prosecution must prove beyond a reasonable doubt that the evidence was not obtained by such methods |
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s.82(1) PACE 1984 |
Defines confession: “A statement wholly or partly adverse to the maker whether made to a person in authority or not, whether made in words or otherwise.” |
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s.76 PACE 1984: |
Confessions can be used against D as long as it is relevant to the proceedings and the court does not exclude it. |
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Examples of confessions: |
Parkes v R: conduct - attempted to stab the accuser R v Batt: D had failed to disassociate himself with co-defendant’s confession. R v Hasan: a purely exculpatory statement, even if later proven false, is not a confession. |
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To a person of authority or not: |
R v David Henton; The Defendant had confessed to a cat. It was admissible as a valid confession. |
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Failed to disassociate: |
R v Gunawardene: A confession adverse to D by co-D cannot be used against D. Unless the confession was made in front of D and he failed to disassociate himself with the co-D. |
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Failed to disassociate: |
R v Gunawardene: A confession adverse to D by co-D cannot be used against D. Unless the confession was made in front of D and he failed to disassociate himself with the co-D. |
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Excluding confessions: s.76 |
s.76(2)(a) - obtained by oppression s.76(2)(b) - something said or done |
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Failed to disassociate: |
R v Gunawardene: A confession adverse to D by co-D cannot be used against D. Unless the confession was made in front of D and he failed to disassociate himself with the co-D. |
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Excluding confessions: s.76 |
s.76(2)(a) - obtained by oppression s.76(2)(b) - something said or done |
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s.76(2)(a) - Oppression: defined s.76(8) |
Includes torture, inhumane or degrading treatment, inferiors, etc, or the imposition of unreasonable or unjust |
