R v Milne
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1978 |
| Date | 01 January 1978 |
| Court | Crown Court (Northern Ireland) |
Whether a voluntary statement - Accused interviewed for 39 hours in a 72-hour period -Court's discretion to exclude an otherwise admissible document - Whether prosecution had discharged onus to show statement voluntary -Northern Ireland (Emergency Provisions) Act, 1973(c. 53), s. 6.
The accused was arrested in connection with a number of serious offences. He was then questioned and made a number of statements. After being questioned for thirty-nine hours in a seventy-two hour period he made a statement that he had taken part in the commission of a murder. Just before making the statement, the accused had made some comments that indicated that he may have been in a state of mental confusion. Held, that the court has a discretion to exclude statements which are admissible under s. 6 of the Northern Ireland (Emergency Provisions) Act, 1973, if it is not satisfied that the statement was a voluntary statement and one which was not made by a person driven by the conditions or circumstances under...
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Shannon v Ireland
...context I have had particular regard to the decision to which I was referred by Mr Walsh of McGonigal LJ in the case of Reg. v MilneDNI [1978] NI 110 and which, whilst a case decided prior to the enactment of the Act of 1978, was subject to the provisions of s. 6 of the Northern Ireland (Em......
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Worton’s (Colin) Application
...probative value, see R v Corey (1979) NI 49, or which have been involuntarily or oppressively obtained or unfairly induced see R v Milne (1978) NI 110; R v Llewellyn (1984) NIJB (No. 15) and in my view in order to ensure a fair trial R v Sang (1980) AC 402. (iv) Worton was arrested on Thurs......