||All England Reporter
|| All ER (D) 375 (Jul)
|| UKPC 51
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood and Lord Mance
||23 July 2007
Criminal evidence - Admissions and confessions - Statement of co-accused - Defendant and two co-defendants charged with robbery, rape and buggery - Co-defendants making written out of court statements implicating defendant - Whether recent modification in respect of use of such statements applicable.
Criminal evidence Admissions and confessions. In the ordinary way, out of court admissions were inadmissible against a co-accused for all purposes. They were, indeed, only admissible against the maker himself by way of an exception to the hearsay rule. Against that background, the Privy Council allowed the defendant's appeal against his conviction and sentence for buggery which had been upheld by the Court of Appeal of Trinidad and Tobago, on the basis that, in the instant case, the recent modification of the principle relating to the admissibility of court admissions against a co-accused was not applicable.
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