Flynote and Headnote
[1] Criminal procedure - Judges' Rules - Effect of breach - No automatic invalidation of official conduct pursuant to breach - Presumption of 10 irregularity.
Although a breach of the Judges' Rules does not automatically invalidate anything done in pursuance thereof, it does raise a presumption of irregularity and suspicion that justice has not been done. 15
[2] Evidence - Confessions - Judges' Rules - Effect of breach - Reasonable doubt as to voluntariness.
A breach of the Judges' Rules in the obtaining of a confession from the accused raises a reasonable doubt as to the freedom or voluntariness of the confession; accordingly, the prosecution has 20 not discharged its burden to support the confession's admissibility into evidence.
[3] Evidence - Confessions - Voluntariness - Effect of prolonged custody without food accompanied by lengthy interrogation.
When an accused has been kept in custody for a long period 25 without food and has been subjected to lengthy interrogation, and the police obtain a statement from the accused in these circumstances, the Judge should exercise his discretion to exclude this statement from evidence
