Some Points on Confessions

Published date01 April 1947
Date01 April 1947
DOIhttp://doi.org/10.1177/002201834701100210
Subject MatterArticle
Some points on confessions
ANinteresting situation sometimes arises where
the
only
evidence adduced
by
the
prosecution consists in a
voluntary
statement
made
by
the
accused,
and
the
accused
goes into
the
witness-box
at
the
trial
and
swears
that
his
confession is untrue. How should
the
case be left
to
the
. ?
Jury
it
is within
the
writer's recollection in a case of this
kind, where
the
accused stoutly maintained this position
under
cross-examination
and
no admission was extracted
from him,
that
the
learned
Judge
directed
the
jury
that
the
only sworn evidence in
the
case as
to
what
actually took
place was
that
of
the
accused, who
had
sworn
that
his
previous
statement
was totally
untrue;
and
the
accused
was accordingly acquitted.
Where a decision has
to
be
taken
whether aplea of
guilty should or should not be tendered in a case where
admissions have been made to
the
Police;
it
should not,
however, be assumed
that
the
jury
will necessarily be
directed in quite such favourable terms. Much
may
depend, no doubt, upon
the
accused's demeanour under
cross-examination,
and
both
judge
and
jury
usually apply
robust common-sense in dealing with cases of this kind.
It
is well established
that
a free
and
voluntary con-
fession of guilt
by
aprisoner, whether under examination
before magistrates or otherwise,
if
it
is direct
and
positive
and
is duly made
and
satisfactorily proved, is sufficient to
warrant aconviction, without
any
corroborative evidence
(Archbold, 31st edn. p. 377
and
cases there cited). Where
the
statement
of
the
accused tells
partly
against him
and
partly
in his favour,
the
whole is evidence,
if
put
in
by
the
prosecution;
but
it
is for
the
jury
to say whether
they
believe
it
(R.
o.
Higgins
(1829)
3 C.
eo
P. 604).
In
the
case of R. v. Sarah Jones and lv/ary Jones
at
Monmouth Assizes
(1827)
2 C.
eo
P. 629,
the
two accused
were indicted for
the
murder
of Sarah Jones' new-born
female child.
The
evidence against Sarah Jones was
that
221

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