COMMISSIONER OF POLICE
V.
BLANKSON AND OTHERS

(1960) JELR 69857 (HC)    
High Court  ·  13 Jan 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 1
[1960] GLR 1 - 3
CORAM
SMITH J.
Core Terms Beta
evidence
magistrate
cocoa
confession
admissibility of the confession
circumstances
counsel
facts
grounds
jury
learned magistrate
matter
police
prosecution
question
time of the objection
weight
witness
absence of the jury
accused persons
admissibility of the statements
appeal
box
case of the others
cases of r.v
circumstances of this case
counsel’s objection
crown counsel
face of an objection of the kind
finding of fact
former case lord goddard
fundamental issue
identity of the cocoa
light of evidence
lordship
magistrate’s court
main grounds of this appeal
matters
mr. baidoo
mr. hooper
only procedure
particular point
police officer
presence of the jury
prima facie case
smith j.
source of the cocoa
stolen cocoa
substance
trial magistrate

SMITH J.: (His lordship referred to the facts, and continued):

The learned magistrate was wrong in the way he dealt with the matter. I refer to the cases of R.v. Murray ([1951] 1 K.B. 391) and R.v. Francis and Another (43 Cr. App. R. 174).

In the former case Lord Goddard, C.J. said:

“The Recorder was wrong in the course which he took. It was quite right for him to hear evidence in the absence of the jury and to decide on the admissibility of the confession; and, since he could find nothing in the evidence to cause him to think that the confession had been improperly obtained, to admit it. But its weight and value were matters for the jury, and in considering such matters they were entitled to take into account the opinion which they had formed on the way in which it had been obtained. Mr. Hooper was perfectly entitled to cross-examine the police again in the presence of the jury as to the circumstances in which the confession was obtained, and to try again to show that it had been obtain…

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