EVIDENCE COURSE WORK - Copy.docx - Confessions are not defined in the evidence act The definition comes from the case of Swami V King Emperor Lord Atkin

EVIDENCE COURSE WORK - Copy.docx - Confessions are not...

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Confessions are not defined in the evidence act.. The definition comes from the case of Swami V King Emperor, Lord Atkin defined them as statements which the accused makes with the purpose of admitting full guilt of the offence charged or in substantial terms the ingredients of that offense. In the case of Twinamasiko v Uganda 1997 HCB 81 it was held that a confession within the meaning of S23 of the evidence act means a statement which admits in terms, either an offense, or substantially all the facts which constitute an offense . In Uganda v Mutanhazo, it was held that the confession could be an unequivocal admission of having committed an act which in law amounted to a crime or generates substantially all facts which constitute the offense so as it was in Festo Androa Asenua and Kakooza Dennis v. Uganda 1998 It’s to my belief that the current principles governing confessions in uganda are very competent , up to standard and able to protect the rights of an accused making a confession in today’s modern realities . Under law, confessions are dealt with under S.29 ,S.23 and S.24 admissible as evidence .These provisions fundamentally answer three questions ,Who takes down confessions , what qualifies to be a confession and what are the consequences of making a confession . The constitution under Art 28 provides that every person is innocent or until that person admits or pleads guilty. From this provision an individual has a right to incriminate himself. But related to this provision he also has a right to keep quiet or silent This was re echoed in Festo Androa Asenua V UG Before 1971 confessions could be made to police officers who were of or above the rank of corporal but later , the law was amended to make a confession to be made to any police officer so long as there was a magistrate present. In 1985 the law was further amended and it is now in S.23 -1 providing that no confession made by a person while he is in a custody of a police officer shall be proved against any such person unless it is made in the immediate presence of a police officer of or above the rank of Assistant Inspector General or before the magistrate. But no person shall be convicted of an offense solely on the basis of a confession made under paragraph B unless the confession is corroborated by other material evidence supporting the confession implicating that person.
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  • Fall '16
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