Admissions and confessions Flashcards
Def informal admission
An informal admission is a statement made by a party that is (a) made out of court, and (b) adverse to their interests.
General rule re informal admissions?
Informal admissions can only be admitted against the maker.
Rationale for including some informal admissions
It is considered reliable because it is unlikely that will make a statement against their own interest.
CL exceptions?
Where someone has implied / express authority to make a statement on behalf of another - think agency / spouses / partnerships / legal representation
Where the parties share a privity or identity of interest.
Admission of vicarious admissions under the hearsay rule in civil trials
Mdani v Allianz insurance: Court said that the CL exceptions need not be concerned, one can apply the hearsay rule.
Difference between admission and confession?
An admission is a statement adverse to the interests of the maker
Confession is also adverse to the maker and is an unequivocal acknowledgement of guilt and excludes all defences.
What did the court hold in Zuma?
Dealt with similar provision applicable to confessions - s217 a - confession reduced to writing and confirmed in presence of a magistrate - requirement presumed to have been met.
Findings restricted to Section 217. S217 = unjustifiable infringement of the right to be presumed innocent.
Who bears the onus of proving admissibility?
Section 219(a) of CPA states that an admission reduced to writing and confirmed in the presence of a magistrate is presumed to have been made voluntarily (therefore admissible)
Burden would shift to accused to prove that it was not made voluntarily. Despite Zuma, this stands.
Requirements for admissibility of confession? Which legislation?
CPA:
Voluntariness - same restrictive meaning as in case of confessions
Sound and sober senses - are they able to appreciate what they are doing when making the statement
No undue influence - makes it harder for confession to be admitted because of the chances of an external factor which operates so as to exclude the accused freedom of will
Fourth that ‘kicks in’ - only kicks in when confession is made to a peace officer who is not a magistrate or commissioned police officer - ie a Sergeant or Constable. It must be reduced to writing and confirmed in front of a magistrate or justice of the peace (any judicial officer or commissioned member of SAPS).
When will unconstitutionally obtained admissions and confessions be excluded?
Would be excluded by s35 if the admission would render the trial unfair or if it would be detrimental to the interests of justice.
Admitting evidence from pointing out where it is an inadmissible confession or admission.
Admissibility factors:
- Reveals new evidence
- Was it voluntary? Was there an infringement on the right against self-incrimination?
- Where it cannot be separated from a confession / constitutes an admission (was it made in sound and sober senses w/o undue influence?)
- If pointing out was obtained by BOR violation: consider s35
Grove-Mitchell
Confession excludes all defences.
Mhlongo
Treating Admissions and confessions differently breaches s9 equality rights.
Marx
Regarding admissions and confessions: there may be an additional requirement that they be both voluntary and constitutionally sound. Consider where A = voluntary but accused was not advised on right to legal representation.
Which case says that treating Admissions and confessions differently breaches s9 equality rights?
Mhlongo
