LEGAL PRINCIPLE: CRIMINAL LAW – Confessional Statements – Test for Veracity and Reliance
PRINCIPLE STATEMENT
For a confession to be upheld, it should be tested as to its truth by examining it in light of other evidence to determine whether: (a) there is anything outside it to show that it is true; (b) it is corroborated; (c) the facts stated in it are true in so far as can be tested; (d) the accused had opportunity of committing the offense; (e) the accused's confession is possible; (f) the confession is consistent with other facts which have been ascertained and proved.
RATIO DECIDENDI (SOURCE)
"For a confession to be upheld as set out in R. v. Obiasa (supra) it should be tested as to its truth by examining it in the light of other evidence to determine whether:- (a) There is anything outside it to show that it is true; (b) It is corroborated; (c) The facts stated in it are true in so far as can be tested; (d) The accused had opportunity of committing the offence; (e) The accused's confession is possible; (f) The confession is consistent with other facts which have been ascertained and proved."
EXPLANATION / SCOPE
Confessions, though admissible and legally sufficient alone (Principle 310), should be tested for reliability through six criteria: (1) External evidence supporting truth—independent evidence confirming confession; (2) Corroboration—other evidence supporting confession’s material facts; (3) Testable facts proven true—facts that can be verified are actually verified; (4) Opportunity—accused was physically capable of committing the offense when/where it occurred; (5) Possibility—the confession describes events that could actually occur; (6) Consistency—confession aligns with proved facts. These tests guard against: false confessions, confessions to impossible events, or confessions contradicted by established facts. While confession may be legally sufficient alone, prudent practice involves testing it. Failure on these tests raises doubts about confession reliability, potentially creating reasonable doubt. However, perfect satisfaction of all tests isn’t required—they’re factors in overall reliability assessment. This framework ensures confessions support convictions only when genuinely reliable.