Regina v Fulling: CACD 1987

It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The circumstances caused the appellant severe distress, and she made admissions in the following interview.
Held: The defendant’s appeal was dismissed.
Applying 76(2)(a), the Court stated, obiter dicta that it was ‘abundantly clear that a confession may be invalidated under Section 76(2)(b) where there is no suspicion of impropriety’. In a criminal jurisdiction the word ‘oppression’ should be given its ordinary dictionary meaning of ‘the exercise of authority or power in a burdensome, harsh, or wrongful manner; unjust or cruel treatment of subjects, unfairness etc, or the imposition of unreasonable or unjust burdens.’ One of the quotations given under that paragraph runs as follows: ‘There is not a word in our language which expresses more detestable wickedness than oppression. ‘We find it hard to envisage any circumstances in which such oppression would not entail some impropriety on the part of the interrogator.’
Lord Lane LCJ, Taylor, Henry JJ
[1987] QB 426, [1987] EWCA Crim 4, [1987] 2 All ER 65, [1987] 2 WLR 923, (1987) 151 JP 485, (1987) 85 Cr App Rep 136, [1987] Crim LR 492
Bailii
Police and Criminal Evidence Act 1984 76(2)
England and Wales
Citing:
CitedRegina v Priestley CACD 1965
(Note) Sachs LJ considered the meaning of the word ‘oppression’ in the context of a police interview, saying: ‘this word, in the context of the principles under consideration, imports something which tends to sap and has sapped that free will which . .
CitedCallis v Gunn CCA 1964
Evidence obtained by false representations, threats and bribes by the police may be excluded at the discretion of the judge. For voluntariness to be satisfactorily proved, proof must be provided to the standard of beyond reasonable doubt.
Lord . .
CitedRegina v Prager CACD 1972
The judge’s discretion to exclude a statement on the ground that its admission would be unfair is a matter of degree, but the first and principal decision is whether the prosecution has proved that it was made voluntarily. The court discussed what . .
CitedDirector of Public Prosecutions v Ping Lin PC 1976
The Board was asked whether a statement by the defendant was shown to be voluntary.
Held: A trial Judge faced by the problem should approach the task in a common sense way and should ask himself whether the prosecution had proved that the . .
CitedRegina v Rennie CACD 1982
In the course of an interrogation, the detective sergeant, after telling the appellant the gist of the information already possessed by the police, said ‘Do me a favour, this was a joint operation by your family to defraud the bank, wasn’t it?’ and . .
CitedBank of England v Vagliano Brothers HL 5-Mar-1891
The court considered the interpretation of the 1882 Act, which was said to be a codifying Act.
Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations . .
CitedBristol Tramways and Carriage Co Ltd v Fiat Motors Ltd CA 1910
The plaintiff complained after the purchase of a Fiat Omnibus chassis ‘for the road’, to be used for the conveyance of passengers around Bristol, in heavy and hilly traffic conditions. The chassis proved unfit for this purpose on account of . .

Cited by:
CitedHasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
CitedAli Hussein v Secretary of State for Defence Admn 1-Feb-2013
The claimant sought to challenge the legality of techniques of interrogation intended to be used by forces members detaining person captured in Afghanistan. He had himself been mistreated by such officers in Iraq. The defendant denied he had . .

These lists may be incomplete.
Updated: 14 January 2021; Ref: scu.200605