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Included this unlawfulness evidence of police

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included this unlawfulness, evidence of police brutality and evidence that the police had not used audio or videorecording equipment to record the admissionsCondition of characteristic of the person who made the admission-When evaluating the subs (2) circumstances relating to the making of the admission, regard should be had tothose personal qualities of the defendant that were such as to impair his or her orientation, comprehension, orrecollection and hence the reliability or factual accuracy of anything said by that person:R v Esposito-Include the defendant’s state of sobriety and whether he or she suffered from brain damage or amnesia wheninterviewed-If conditions such as these are revealed, it is then necessary for the prosecution to prove that the circumstanceswere such that is unlikely that the truth of the admission was adversely affected-R v Parker: persons who are intellectually handicapped or who suffer form disease or disorder of the mind are byno means necessarily incapable of telling, or admitting, the truth. Nevertheless a consideration of the quality of theevidence may, in a given case, result in a conclusion that a verdict founded upon it is unsafe and unsatisfactory.The intellectual capacity of the accused, or the existence of some disease or disorder of themind, may go to theissue of whether the confession was made as the result of duress, intimidation or undue insistence or pressureoThe intellectual or mental state of the accused may, in a number of possible ways, go to the exercise of atrial judge’s discretion to reject the evidenceoIf a Crown case is based in whole of in part upon the confession of a person suffering from some mentaldisability which may affect the reliability of the confession then a trial judge in his summing up should
use appropriate means to bring to the attention of the jury the possible danger of basing a conviction onsuch evidence unless it is confirmed by other evidence-Personal and psychological vulnerabilities of the accused are relevant to the issue of whether it is unlikely tat thetruth of the admission was adversely affected:R v McLaughlin-Examples:oR v Donnelly: Donnelly was severely depressed, affected by drugs and suffering from self-inflictedinjuries when confessed to strangling his wifeWife announced that she was going to hang herself and a fight ensued after Donnelly threw herhis tieIn his admission made five days later, Donnelly stated that he reacted by putting the tie tightlyaround her throat.When she did not move he put her to bed hoping she would come back and for the next fivedays he remained with her bodyMade several unsuccessful attempts to commit suicideIn hospital, five days after his wife’s death, he confessed to his cousin, a police officer, that hehad murdered herCousin cautioned Donnelly after this admission but Donnelly, who was crying, shaking, confusedand very upset, continued to make admissionsDonnelly then confessed against in an ERISP the following day

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Term
One
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Tags
Test, The Land, Legal burden of proof, Evidence law

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