People (Attorney-General) v Ainscough
| Jurisdiction | Ireland |
| Judgment Date | 19 January 1960 |
| Date | 19 January 1960 |
| Court | Court of Criminal Appeal |
Alleged by accused to have seen made in consequence of improper inducement - Confession admitted - Omission of trial Judge to inform accused of right to cross-examine police officer in presence of jury as to circumstances in which confession made - Police officer not so cross-examined - Whether such omission a misdirection.
The applicant, who was unrepresented, was charged with shopbreaking and larceny. The evidence against him consisted solely of a statement in the nature of a confession made by him to a detective officer. When the detective officer was called to prove the statement, the applicant objected to its admission in evidence and, in the absence of the jury, sought to establish, both by cross-examination of the detective officer and by direct evidence, that the confession had been obtained by an improper inducement, namely, that, if the applicant confessed to the shopbreaking, the sentence of imprisonment which he would receive therefor would be concurrent with a sentence which he was serving at the time of the obtaining of the confession. The trial Judge rejected the applicant's contentions, and held that the statement was admissible, but omitted to inform the accused that he was entitled to cross-examine the detective officer in the presence...
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