Admission And Confessions

Question 1

admission definition

effect?

types of admission? (4)

elements of admission (6)

effects of admission (3)

Answer 1

s. 17 ( oral or documentary which suggests inferences as to a fact in issue or relevant fact.

it waives/ dispenses with adducing or production of evidence

FA
INFORMAL/EXTRAORDINARY
IMPLIED
EXPRESS

1. clear and certain
2. binds person to matter of facts
3. made voluntary
4. made on personal knowledge
5. taken as a whole not part
6. accurate statement of maker in his word not inferences by someone else.
7. prove the truth of facts
8. shifts the onus to the contrary on the party against whom it produced.
9. not conclusive proof of the matters - but may act as estoppel (s.24 EA)

Question 2

CONFESSIONS = criminal (definition)

s.26 EA** THE TEST

1 case

principles governing confessions (2)
1 case

when are confessions made? (3)

constitution basis of confession

evidence statutory basis of confessions

extra-judicial confessions- out of court confessions

s.32 - co-accused
1 case

retracted evidence? effects 2 cases with 1 giving 3 stage application

Answer 2

• statement wholly or partly adverse to the person who makes it, whether made to a person in authority or not and whether made in words or otherwise.

not under threat, inducement or promise- THE TEST!

swami v king emperor - “a confession must admit the offence in its terms or substantially all the facts which constitute the offence”

1. reliability principle - involuntarily
2. disciplinary principle - improper means to obtain it
   R v kaperere s/o Mwaya: great caution to be exercised.
3. under inquiry recorded by police
4. under charge and caution.
5. judicial confession - s.25 EA

cok; a.49 arrested
a.50- accused

EA: S.28,30 & 31 repealed but s.29 still there.

s. 25; only made in court- problem
s. 29: police officer of the higher rank
s. 26: if involuntariness is raised by the defence, it is the place of prosecutor to rebutt it.

s.25A: amendment to allow to a police of rank and a 3rd party present.

E-JC: Evidence (out of court confessions) rules 2009. recording officer on how to take a confession. rule 4-5.
may be a record - rule 6.

s.32: When you implicate another person, the rules get more stringent, but when you admit your own guilt without others it is assumed that you will be careful enough not to get put down for a specific offence.
wilfed Thomas mwita case - co-accused is the weakest nature of a confession. need s corroboration.

retracted evidence? need for voir dire (tuwamoi v uganda)

LOCUS CLASSICUS- Kinyori s/o karunditu v r (1956)-

1. The defense informs the prosecution that issues will arise regarding that statement
2. When the prosecution calls the investigating office, the defense should inform the court that there is a point of law that arises
3. Prosecution calls its witnesses to prove the voluntariness of the confession/statement and the defense is entitled to cross-examine those witnesses
4. The defense calls its witnesses and explains the manner in which the statement was made.
5. If the statement is admissible, then it will be used in evidence at trial.