16
Evidence
Cap 80
[2009]
31. (Repealed by 5 of 2003, s. 102.)
Confession
implicating
co-accused.
32. (1) When more persons than one are being tried jointly for the
same offence, and a confession made by one of such persons affecting
himself and some other of such persons is proved, the court may take
the confession into consideration as against such other person as well
as against the person who made the confession.
(2) In this section “confession” means any words or conduct, or
combination of words and conduct, which has the effect of admitting
in terms either an offence or substantially all the facts which constitute
an offence;
“offence” includes the abetment of, or an attempt to commit, the
offence.
Part IV - Statements by Persons who cannot be called as witnesses
Statement by
deceased person, etc.,
when8 of 1968, Sch.
33. Statements, written or oral, of admissible facts made by
a person who is dead, or who cannot be found, or who has become
incapable of giving evidence or whose attendance cannot be procured,
or whose attendance cannot be procured without an amount of delay
or expense which in the circumstances of the case appears to the court
unreasonable, are themselves admissible in the following cases -
relating to cause of
death
(a) when the statement is made by a person as to the cause of
his death, or as to any of the circumstances of the transaction
which resulted in his death, in cases in which the cause of that
person’s death comes into question and such statements are
admissible whether the person who made them was or was
not, at the time when they were made, under expectation of
death, and whatever may be the nature of the proceeding in
which the cause of his death comes into question;
made in the course of
business
(b) when the statement was made by such person in the ordinary
course of business, and in particular when it consists of an
entry or memorandum made by him in books or records
kept in the ordinary course of business or in the discharge
of professional duty; or of an acknowledgement written or
signed by him of the receipt of money, goods, securities or
property of any kind; or of a document used in commerce,
written or signed by him, or of the date of a letter or other
document usually dated, written or signed by him;
against the interest of
maker
(c) when the statement is against the pecuniary or proprietary
interest of the person making it, or when, if true, it would
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