Swaby v the Queen (Bahamas): PC 22 Dec 1997

The applicant appealed a conviction for murder, attempted murder and robbery. He had given a confession, and had been identified by eye witnesses. He applied for other statements to be admitted, but this was refused at trial. He claimed that the admission was involuntary and inadmissible. The police denied that he had been beaten, but evidence was brought, including from the magistrate who first saw him, that he had been beaten.
Held: The crown failed to discharge the burden on them to establish that the admissions were given voluntarily. Without the admission, there was no sufficient other evidence.

Judges:

Lord Goff of Chieveley Lord Lloyd of Berwick Lord Nolan Lord Hope of Craighead

Citations:

[1997] UKPC 68, [1997] UKPC 68

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 December 2022; Ref: scu.159281