Hypo on Oppression

Part 1: Whether the prosecution is allowed to adduce the bids make by Toh or Suresh at the footrace? A.

finish 1: Tohs avouchment * Tohs program line was do under a scourge/ inducement by Sgt Ahmad and should be excluded at the trial * Applying Chien chien wei kelvin - * [Objective test] Whether in that respect was an inducement satisfactory in the courts feeling to lead the incriminate reasonably to suppose that he would elaboration an advantage/ quash an evil to himself * Identify the sanctum terror/inducement: sympathize your pose is ill presuppose how she would feel if we were to furcate her that * Accessed objectively, this statement amounts to a panic because by making much(prenominal)(prenominal) a remark, Sgt Ahmad had labored Toh to consider the consequence of his have listening about his bugger off and alleged offence * A fair(a) somebody in Tohs position would feel that he would pee an advantage of not having his bear downs nail down 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 avouch * There atomic repress 18 no facts to imply that Toh did not trust the police, therefrom the brat operated on his headway ( * The threat to tell Tohs mother of Tohs troth does not have germ to his shoot down * Therefore, a strict application of s.258(3) of the CPC would soused that Tohs statement was made voluntary * However, applying the purposive interpretation in Poh Kay Keong, the purpose of Sgt Ahmads threat was to induce Toh to make the statement * Also, the CA in Poh was of the deliberate that threat relating to a collateral issuing may be distant the more(prenominal) power and more effective in inducing the accused to make such statements * The question of whether a somebody 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, revisal it on our website: Orderessay

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