References: 2 Den CC 430
Coram: Parke B
Ratio: (Year?) ‘by the law of England, in order to render a confession admissible in evidence, it must be perfectly voluntary and there is no doubt that any inducement in the nature of a promise or of a threat held out by a person in authority vitiates a confession. The decisions to that effect have gone a long way: whether it would not have been better to have allowed the whole to go to the jury it is now too late to inquire, but I think there has been too much tenderness towards prisoners in this matter. I confess that I cannot look at the decisions without some shame, when I consider what objections have prevailed to prevent the reception of confessions in evidence . . justice and commonsense have too frequently been sacrificed at the shrine of mercy’
This case is cited by:
- Cited – Ibrahim v The King PC (Bailii, PC, [1914] UKPC 1, [1914] AC 599)
(Hong Kong) The defendant was an Afghan subject with the British Army in Hong Kong. He was accused of murder. Having accepted the protection of the British Armed forces, he became subject to their laws. In custody, he was asked about the offence by . .
(This list may be incomplete)
Last Update: 22 March 2017
Ref: 184185