James s/o Jacob and another v. R. Crim. App. 497-D-69, 11/8/69 Georges C. J.

 

 James s/o Jacob and another v. R. Crim. App. 497-D-69, 11/8/69 Georges C. J.

The appellants were convicted of robbery with violence c/s 286, Penal Code. Their appeal raised no serious issues and was rejected. The case is of interest only by reason of the following comment made by the judge on a question of evidence.

Held: “It should be noted ….. that the first appellant was cross-examined about a statement which he had made to the police  and which appeared to contradict the evidence which he gave before the magistrate. In that statement it was suggested to him that he had admitted having been at the pombe shop with Vincent Adenda and having left together with him tough he denied having robbed him. This statement was not tendered in evidence. Normally when accused persons make statements which are not confessions they should be tendered in evidence as part of the case for the prosecution. If they are not so tendered, but are used for the purpose of cross-examination and their contents are not admitted, then also they should be tendered as evidence, as otherwise the magistrate may be tempted to base his findings on the suggestions put forward in cross-examination as to the contents of the statements, suggestions which would not be supported by evidence if the statement, itself is not put in. in this case I am satisfied that there is no injustice as the judgment of the learned magistrate is not based on the alleged contents of the statement,”