Where a statute confers such drastic powers and seeks to deprive a citizen of its liberty for not less than ten years, and making stringent provisions for grant of bail, scrupulous compliance of the statutory provisions must be insisted upon. In general, it operated only against the party making it, and against him only in a representative capacity if so made. This Court cannot overlook the context in which the Narcotic Drugs And Psychotropic Substances Act operates and particularly the factor of widespread illiteracy among persons subject to investigation for drug offences. The important thing is that you cared enough and took the trouble to write. Ogunsesan defined customary law as follows: The organic or living law of the indigenous people of Nigeria regulating their lives and transactions. Captain Zachariah Makola, also a ballistics expert, testified concerning firearms and bullets that he had received for ballistics testing.
Conversely, and almost perversely, defence counsel representing co-accused persons are now driven to do the opposite. The eyewitness and ballistics evidence in and of themselves were inadequate to found a conviction on any of the charges preferred against the appellants. Statements of both the suspects were recorded. This would permit a conviction to be based on such evidence only if it is sufficiently reliable given its importance in the case. Similarly, admissions by co-defendants or co-accused are inadmissible hearsay as against the other parties to the proceedings. Make it as presentable as possible.
The statement of both accused has led to discovery of fact and arrest of co-accused not known to police. Can it be used to corroborate an accomplice or, as in the present case, a witness who, though not an accomplice, is placed in the same category regarding credibility because the judge refuses to believe him except in so far as he is corroborated? Gopal Subramnium, the statement of Mr. In view of this, the Court of Appeal carefully considered the facts surrounding the statements of Yazid of the case in upholding the decision of the High Court. That was laid down by both Hale Pleas of the Crown , Vol. Connection between statements includes a temporal, contextual and causal connection. In view of this, the Court of Appeal carefully considered the facts surrounding the statements of Yazid of the case in upholding the decision of the High Court.
Type your statement and print it on good quality paper. He was dealing with fake currency notes came to the knowledge of police through them. Explaining the effect of these words, Jackson, J. The Punjab and Haryana High Court upheld the conviction and awarded life sentence to the trio by reducing the death sentence of Pancho, following which two of the convicts appealed in the apex court. Clearly there must be other evidence.
They also found an additional magazine and additional rounds of live ammunition. Consequently, in deciding the case against one of the accused the Court can pay no regard to the contents of the statement made by the other and it follows that conflicts between the two statements are irrelevant for the purpose of coming to a decision. The out-of-court admission or confession can operate assertively only against the party making it. Good mentorship and leadership will provide him the foundation he requires to continue to be an asset. There are other methods as well. I remember one incident that illustrates his non-confrontational nature. A child born out of wedlock during a marriage is illegitimate under the Act, whether or not the child is acknowledged by the natural father; unless by custom, someone else has a prior claim to paternity of such a child.
In this regard reference was made to the law on this aspect in both Canada and the United States of America. The confession must be given sufficient context background to be admissible. The position regarding the time of objection is the same if the objection is on the grounds of involuntariness. Can it be used to fill in missing gaps? Failure to complete the circle means the evidence is of no value. Although the first appellant testified during a trial-within-a-trial held to determine the admissibility of his statement, he did not testify in his defence in relation to the merits of the case against him. If you are called on to write a character statement on someone's behalf, make sure what you write is 100% factual. But cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction.
It is a personal exercise. The issue of voluntariness of an unrecorded statement depends on the circumstances. Stinson identified Woodman as the driver of the vehicle. We believe that an environment of equality and inclusion is critical to fulfill our purpose to make life better through our medicines. Please note that a retracted confessional statement is admissible and that where there is a retraction of a confessional statement, there must be corroborative evidence before a conviction can be founded on the retraction. Both under the English and the Roman systems of law, a confession of a prisoner is not admissible against his accomplice.
Accused 3 went on to state that there were four of them but that he had not pulled the trigger. However, vagueness on the exact wordings of the statement without loss of meaning is not sufficient. It was received in the Court of the Special Judge on the same day. There is no ground warranting reduction of fine. .