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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Wahab & Anor, R v [2002] EWCA Crim 1570 (26 June 2002) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2002/1570.html Cite as: [2002] EWCA Crim 1570 |
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2000/07250/W1 |
Strand, London, WC2A 2LL | ||
B e f o r e :
MR JUSTICE ASTILL
and
HIS HONOUR JUDGE COLSTON QC
(sitting as a Judge in the Court of Appeal Criminal Division)
____________________
R | ||
v | ||
WAHAB and CROMER |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Anthony Watson appeared on behalf of Cromer
Howard Bentham QC appeared on behalf of the Respondent
____________________
AS APPROVED BY THE COURT
Crown Copyright ©
Lord Justice Judge :
“You’ve got to get in touch .... that shit Roe’s given me is unsellable. I can’t do owt with that. I’ve tried for a couple of days...it’s...full of glucose. He’s just took the piss...I don’t know who’s done the rip...but its nothing like usual...he’s mixed it with some really bad shit, so it reeks and sets on fire, nobody’ll have it. I’ve tried for two days. Sort it out...because I’m needing it.”
“following Interview in view of the evidence which the police had accumulated we are concerned that (1) the police can secure a conviction (2) in view of the sums involved a substantial prison sentence is inevitable (3) my family are in custody and in danger of being involved when they have not been (knowingly) (4) the discounts available for early admissions it is appropriate to discuss certain admissions with the police”
“If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained –
.........
(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof, the court shall not allow the confession to be given in evidence against him except insofar the prosecution proves...that the confession (notwithstanding that it may be true) was not obtained as aforesaid”
“If it were the law that the mere presence of such a motive, even if prompted by something said or done by a person in authority, leads inexorably to the exclusion of a confession, nearly every confession would be registered inadmissible. That is not the law...commonly the presence of such a hope, will in part at least, owe its origin to something said or done by such a person. There can be few prisoners who are being firmly but fairly questioned in a police station to whom it does not occur that they might be able to bring both their interrogation and their detention to an earlier end by confession.”
Strand, London, WC2A 2LL | ||