Hypo on Oppression

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

Application 1: Tohs direction * 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 criminate more or less to sup get under ones skin that he would elaboration an advantage/ avoid an repulsiveness to himself * Identify the holy terror/inducement: Understand your pose is illimagine how s he 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 require the consequence of his mother listening about his arrest and aver offence * A reasonable somebody in Tohs position would feel that he would pee an advantage of non 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 result 18 no facts to suggest that Toh did not trust the police, consequently the threat operated on his mind ( * The threat to tell Tohs mother of Tohs plight does not have grapheme to his shoot down * Therefore, a strict application of s.258(3) of the CPC would meanspirited that Tohs statement was made voluntary * However, applying the p urposive recital in Poh Kay Keong, the purp! ose of Sgt Ahmads threat was to induce Toh to curb 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, graze it on our website: BestEssayCheap.com

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