CONFESSIONS AND

ADMISSIONS
Part 1

INTRODUCTION
Definition : s.17
(1) An admission is a statement, oral or
documentary,
which
suggests
any
inference as to any fact in issue or
relevant fact, and which is made by any of the
persons
and
under
the
circumstances
hereinafter mentioned.
(2) A confession is an admission made at any
time by a person accused of an offence,
stating or suggesting the inference that
he committed that offence.

 Note : not every admission is a confession

but every confession is an admission.
A.PAUL
Admissions

confessions

Note : Admissions civil/criminal .

: confessions criminal.

Test
ANANDAGODA V R [1962] MLJ 289
Test is objective based on a reasonable
man reading the statement.
Not every statement which suggest any
inference as to the fact in issue is a
confession.
Only statements made by the accused
whereby he states that he committed the
offence or which suggest the inference that
he committed the offence is a Confession.

Examples
Yes I had an affair with the deceased
Yes I saw the deceased on the night
in question
I am not disputing the existence of
the contract , only that there is no
breach.
I accept that I was driving the car at
the time of the incident.
I stabbed X and then buried the
knife in my garden

Can an admission /confession be

tendered in evidence ??
PP V DSAI(No.3) [1999]
Held : Admissions are an exception to the
hearsay rule and can be proved as against the
person who makes it.
Logic : Not self serving must be true
Note : s.21
By virtue of s.21 both confessions and
admissions can be proved against the maker.GR
cannot be used on behalf of the maker.
s.23 : letters without prejudice

Admissions by whom??
s.18(1) , (2) , (3):
1.party to proceedings
2.agents
3.Parties acting in a representative character
4.Person with proprietary/pecuniary interest
5.Persons from whom parties have derived
their interest.
Note : PP V DSAI(No.3) [1999]
Accused is a party to a proceeding.

Admissions in Civil Cases

Note : s.17(1) + s.18 + s.21
Admissions can be proved against
the maker as an exception to
hearsay.
MA CLYDE V WONG AH MEI [1970] 2
MLJ 183
Note : s.58
Note : not treated as conclusive

Exception :s.23 Without prejudice

communications
GR : In civil cases an admission can be proved
against maker. ( s.21 + s.58 )
Exception :s.23 in civil cases no admission is
relevant if made on the express condition that it
is not to be
given in evidence or under
circumstances where this condition can be
implied by the court.
Where s.23 applies the admission cannot be
used in court.
s.23 will generally apply to without prejudice
communications

 Why ? Public policy to encourage

settlement and negotiation.
It will apply to exclude admissions
made in the course of negotiations
aimed at reaching a settlement .
A-B CHEW INVESTMENTS V LIM TJOEN
KONG
[1989] 3 MLJ 328 reference to be
made to Common law.

 MALAYAN BANKING V FOO SEE MOI

[1981] 2 MLJ 17
2 CONDITIONS:
a. parties must be in negotiations
over a dispute
b. there must be communications
between them with terms to settle
the dispute.

 BOSS RAMASAMY V PENANG PORT [1996] 5

MLJ 511
Although the correspondence was marked
W/P it was not protected under s.23 as it
was merely an opening shot and not a
letter in the course of negotiations.
RUSH & TOMPKINS V GLC [1988] 3 AER 737
Can be implied from facts even if W/P not
expressly stated.