Kaniu v Reginam (Privy Council Appeal No. 35 of 1954)
Kaniu v Reginam (Privy Council Appeal No. 35 of 1954) [1955] EACA 318 (1 January 1955)
The Privy Council held that the admissibility of evidence in criminal proceedings depends on its relevance to the matters in issue, not on the method by which it was obtained. The court is not concerned with whether evidence was obtained illegally, unless its admission would operate unfairly against the accused, in which case the judge has discretion to exclude it. This principle applies equally to civil and criminal cases. The Board further clarified that the rule regarding confessions remains unchanged: only voluntary confessions are admissible. The court also indicated that judicial notice…
Source excerpt
- Admissibility Of Evidence
- Illegally Obtained Evidence
- Judicial Discretion
- Judicial Notice
- Confessions