LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Retracted Confession – Court May Convict Solely Thereon
PRINCIPLE STATEMENT
The principle that where a witness makes a statement inconsistent with their testimony, such testimony is to be treated as unreliable while the statement is not regarded as evidence upon which the court can act, does not apply to the evidence of an accused and their retracted confession; the court may rely solely on retracted confession and convict.
RATIO DECIDENDI (SOURCE)
"The principle stated in R. v. Golder... and adopted in Oladejo v. State... - to wit where a witness makes a statement which is inconsistent with his testimony, such testimony is to be treated as unreliable while the statement is not regarded as evidence upon which the court can act does not apply to the evidence of an accused and his retracted confession. The court per majority held therein that a court may rely solely on retracted confession and convict."
EXPLANATION / SCOPE
Confessions by accused receive special treatment different from witness inconsistent statements. For ordinary witnesses: inconsistent prior statements render trial testimony unreliable, and the prior statement itself cannot be used substantively. For accused confessions: retraction doesn’t automatically destroy the confession’s evidential value; courts can rely solely on retracted confessions to convict if satisfied of voluntariness and reliability. This distinction reflects: confessions are admissions against interest (inherently more reliable); voluntariness is separately tested through trial within trial; and the confession, once proved voluntary, remains evidence despite retraction. However, courts should exercise caution with retracted confessions, considering: timing of retraction, reasons given, consistency with other evidence, and overall reliability. While legally sufficient alone, prudence suggests seeking corroboration (see Principle 338). The principle clarifies that ordinary witness inconsistent statement rules don’t govern accused confessions—different regime applies recognizing confessions’ special evidentiary status.