- Flynote
- Criminal law|Evidence Law|Evaluation of Evidence
- Case summary
- The court considered the confession made by the accused and observed that where an accused person has entered a plea of not guilty, the court should be conscious in admitting evidence of a confession as is bound to be prejudicial to the plea in question and it is not safe to admit it in evidence on the ground that counsel for the accused/appellant has not challenged it or its admissibility has not been challenged. The court must ascertain whether it was made voluntarily and hold a trial within a trial to determine its admissibility and failure to comply with the practice directions of recording a confession alone would not affect the validity of the confession unless it goes to the root of the case. The appeal was accordingly dismissed.
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