[2007] UKPC 20
The approach in R. v Mitchell (David) [1998] A.C. 695 remained good law where the admissibility of a defendants's statement in a felony murder case was to be challenged. In the instant case however, there had been no risk of unfair prejudice to the appellant because there had been no factual issue which involved either accepting or rejecting his version of events or deciding upon his credibility and the circumstances to which Mitchell was directed did not therefore arise.
PC (Bar) (Lord Hope of Craighead, Lord Scott of Foscote, Lord Carswell, Sir Paul Kennedy, Lord Hoffmann)
29/03/2007