IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
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S. 31(1) of the Evidence Act 1994 define confession as a voluntary<br />
admission made at anytime by a person charged with a crime, stating<br />
or suggesting the inference that he committed that crime.<br />
Exhibit ‘Q’ the voluntary statement of the accused dated 25-9-2009 is<br />
in two parts. The second past is titled “ADDITIONAL ST<strong>AT</strong>EMENT”.<br />
The first part is comprehensive as to how the deceased was killed<br />
and disposed off sole by the accused person. The 2 nd part deals<br />
essentially on how the 2 nd Accused assisted him to dispose the body<br />
of the deceased. This will be considered in Count 2.<br />
The law is trite that a free and voluntary confessional statement<br />
alone properly taken, tendered and admitted and proved to be true is<br />
sufficient to support a conviction provided it satisfies the 6 tests<br />
enunciated in<br />
R V SYKES (1993) 8 Cr. APP. Report 333.<br />
OBASI V ST<strong>AT</strong>E Supra at 398.<br />
The 6 tests to look out for in a confessional statement can be<br />
summarise as follows:<br />
• Is there anything outside the confession to show that it<br />
is true?<br />
• Is it corroborated?
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