Ahmed Ibrahim v. R., (PC) Crim. App. 330-M-68, 29/6/68, Seaton J.

Ahmed Ibrahim v. R., (PC) Crim. App. 330-M-68, 29/6/68, Seaton J.

Accused was convicted of stealing, largely on the basis of a confession which he later recanted, claiming that he had been beaten and coerced into confessing. It came out at the trial that accused had a previous theft conviction. This fact was referred to by both assessors as justifying their view that accused was guilty. Several witnesses testified that accused ’s hands were  bound and that they saw him being beaten.

            Held: (1) The Primary Court should have instructed the assessors that the confession could be admitted into evidence only if they were satisfied that accused made it voluntarily. [Citing Magistrate’s Courts (Rules of Evidence in Primary Courts) Regulations, 1964, rule 13). (2) The trial court erred in admitting evidence of accused ’s bad character (i.e., the previous conviction.) Because of these errors the conviction was quashed and sentence set aside.