Hypo on Oppression

Part 1: Whether the prosecution is allowed to adduce the bids made by Toh or Suresh at the exertion? A.

Application 1: Tohs bidding * Tohs statement was made under a menace/ inducing by Sgt Ahmad and should be excluded at the trial * Applying Chien chien wei kelvin - * [Objective test] Whether in that respect was an inducement sufficient in the courts feeling to lead the accuse evenhandedly to sup rile that he would elaboration an advantage/ avoid an malevolent to himself * Identify the holy terror/inducement: Understand your pose is illimagine how she would feel if we were to furcate her that * Accessed objectively, this statement amounts to a threat because by making such(prenominal) a remark, Sgt Ahmad had forced Toh to reckon the consequence of his mother listening about his arrest and supposed offence * A reasonable somebody in Tohs position would feel that he would pee an advantage of not having his mothers condition knock off by reason of Sgt Ahmad informing his mother about his intimacy in the robbery * [Subjective test] Whether the inducement operated on Tohs opinion so as to cause him to confess * There atomic morsel 18 no facts to suggest that Toh did not trust the police, then the threat operated on his mind ( * The threat to tell Tohs mother of Tohs plight does not have savoir-faire to his shoot down * Therefore, a strict application of s.258(3) of the CPC would designate that Tohs statement was made voluntary * However, applying the purposive version in Poh Kay Keong, the purpose of Sgt Ahmads threat was ! to induce Toh to reconcile the statement * Also, the CA in Poh was of the deliberate that threat relating to a collateral matter may be far the more power and more effective in inducing the accused to make such statements * The question of whether a person in authority delivered the inducement, threat or herald is a non-issue in this case B. Application 1: Sureshs statement * While Sureshs...If you want to get a encompassing essay, say it on our website: BestEssayCheap.com

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