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Hypo on Oppression Essay

  • Submitted by: anonymous
  • on November 24, 2012
  • Category: Miscellaneous
  • Length: 1,678 words

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Below is an essay on "Hypo on Oppression" from Anti Essays, your source for research papers, essays, and term paper examples.

Part 1: Whether the prosecution is allowed to adduce the statements made by Toh or Suresh at the trial?

  A. Application 1: Toh’s statement

  * Toh’s statement was made under a threat/inducement by Sgt Ahmad and should be excluded at the trial
  * Applying Chien chien wei kelvin -
  * [Objective test] Whether there was an inducement sufficient in the court’s opinion to lead the accused reasonably to suppose that he would gain an advantage/ avoid an evil to himself
      * Identify the threat/inducement: “Understand your mother is ill…imagine how she would feel if we were to tell her that…”
      * Accessed objectively, this statement amounts to a threat because by making such a remark, Sgt Ahmad had forced Toh to consider the consequence of his mother hearing about his arrest and alleged offence
      * A reasonable person in Toh’s position would feel that he would gain an advantage of not having his mother’s condition deteriorate by reason of Sgt Ahmad informing his mother about his involvement in the robbery
  * [Subjective test] Whether the inducement operated on Toh’s mind so as to cause him to confess
      * There are no facts to suggest that Toh did not trust the police, therefore the threat operated on his mind (
  * The threat to tell Toh’s mother of Toh’s plight does not have “reference to his charge”
      * Therefore, a strict application of s.258(3) of the CPC would mean that Toh’s statement was made voluntary
      * However, applying the purposive interpretation in Poh Kay Keong, the purpose of Sgt Ahmad’s threat was to induce Toh to make the statement
      * Also, the CA in Poh was of the view 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 promise is a non-issue in this case

  B. Application 1: Suresh’s statement

  * While Suresh’s...

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"Hypo on Oppression". Anti Essays. 18 Dec. 2018

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APA Citation

Hypo on Oppression. Anti Essays. Retrieved December 18, 2018, from the World Wide Web: http://snehaedu.com/free-essays/Hypo-On-Oppression-356932.html