Rex v Kasule and Others
Rex v Kasule and Others (Criminal Appeals Nos. 184, 185 and 186 of 1948 (Consolidated)) [1948] EACA 48 (1 January 1948)
The Court of Appeal held that the statements made by the first and third appellants to the gombolola chief were not voluntary and should not have been admitted in evidence. The Court reasoned that the circumstances—being brought bound before a person in authority and being told 'Tell me how you killed your father'—amounted to a peremptory order, not a mere request, and would lead an accused to believe he was compelled to speak. The absence of a caution and the trial judge's own finding that the accused probably did not consider he could remain silent further supported the conclusion that the…
Source excerpt
- Murder
- Confession Admissibility
- Voluntariness Of Statements
- Evidence Law
- Role Of Persons In Authority