Evidence Paper
“Discuss the rule in R v Leatham [1861] 8 Cox. CC 498 and the validity of the rule in the context of recent developments in Kenyan Law”
1. Understand the case facts and decision, make a personal analysis.
R v. Leatham (1861) 8 Cox CC. 498, 502
During an inquiry before a Commission appointed under the Corrupt Practices Prevention Act, 1854 to investigate allegations of corrupt practices at an election for a member of Parliament, a letter was produced written by A, the person suspected of bribery, to his agent, in answer to a letter from the agent asking for an account of sums advanced. This letter was produced by the agent.
On an information being subsequently filed against A, this letter was called for and produced by the secretary of the Commission, in whose hands it had remained, and on the letter of the agent to which it was an answer being called and not being produced, secondary evidence was tendered and admitted.
An objection was taken to its admission;
Held: That such evidence was properly admitted and that the provision in the relevant statute “that no statement made by any person in answer to any question put by the Commission shall, except in cases of indictment for perjury committed in such answers, be admissible in evidence in any proceedings, civil or criminal” was not applicable, and did not prevent the admissibility of such evidence.
In the course of arguments, Crompton, J observed:
Suppose by threats and promises a confession of murder is obtained which would not be admissible, but you also obtain a clue to a place where a written confession may be found, or where the body of the person murdered is secreted, could not the latter evidence be made use of as the first clue to it came from the murder. It matters not how you get it; if you steal it even, it would be admissible in evidence.
2. Illegally obtained evidence - In General and Kenyan context
Meaning
Evidence which is obtained by means or acts which are illegal or
1. Understand the case facts and decision, make a personal analysis.
R v. Leatham (1861) 8 Cox CC. 498, 502
During an inquiry before a Commission appointed under the Corrupt Practices Prevention Act, 1854 to investigate allegations of corrupt practices at an election for a member of Parliament, a letter was produced written by A, the person suspected of bribery, to his agent, in answer to a letter from the agent asking for an account of sums advanced. This letter was produced by the agent.
On an information being subsequently filed against A, this letter was called for and produced by the secretary of the Commission, in whose hands it had remained, and on the letter of the agent to which it was an answer being called and not being produced, secondary evidence was tendered and admitted.
An objection was taken to its admission;
Held: That such evidence was properly admitted and that the provision in the relevant statute “that no statement made by any person in answer to any question put by the Commission shall, except in cases of indictment for perjury committed in such answers, be admissible in evidence in any proceedings, civil or criminal” was not applicable, and did not prevent the admissibility of such evidence.
In the course of arguments, Crompton, J observed:
Suppose by threats and promises a confession of murder is obtained which would not be admissible, but you also obtain a clue to a place where a written confession may be found, or where the body of the person murdered is secreted, could not the latter evidence be made use of as the first clue to it came from the murder. It matters not how you get it; if you steal it even, it would be admissible in evidence.
2. Illegally obtained evidence - In General and Kenyan context
Meaning
Evidence which is obtained by means or acts which are illegal or
Cited: Ratified on December, 15, 1791 but not fully or effectively applied until 1941.