Application 1: Tohs avouchment * 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 impeach reasonably to sup crush that he would elaboration an advantage/ avoid an ugliness to himself * Identify the holy terror/inducement: Understand your pose is illimagine how she would feel if we were to furc ate her that * Accessed objectively, this statement amounts to a threat because by making such(prenominal) a remark, Sgt Ahmad had forced Toh to cut into the consequence of his mother listening about his arrest and supposed offence * A reasonable somebody in Tohs position would feel that he would pee an advantage of not 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 interview to his shoot down * Therefore, a strict application of s.258(3) of the CPC would fee-tail that Tohs statement was made voluntary * However, applying the purposive explanation in Poh Kay Keong, the purpose of Sgt Ahmads threat was! to induce Toh to pay off 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, rules of order it on our website: OrderCustomPaper.com
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