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Trust Territory v Sokad [1969] TTLawRp 64; 4 TTR 434 (7 November 1969)

4 TTR 434

TRUST TERRITORY OF THE PACIFIC ISLANDS

v.

MARTIN SOKAD

Criminal Case No. 326
Trial Division of the High Court
Palau District

November 7, 1969

Prosecution on a charge of assault with a dangerous weapon. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that accused's confession after knowing and intelligent waiver of right to counsel is admissible, however, any statement made after an accused changes his mind or requests counsel, is not admissible unless made after consultation with counsel.

1. Criminal Law - Rights of Accused - Counsel

Situations to which Miranda applies are governed not by the general test of voluntariness but rather by the more precise test of whether the constitutionally required warning was given and, if given, whether the rights set out by that warning were knowingly, intelligently, and voluntarily waived. (T.T.C., Sec. 464(d)(2))

2. Criminal Law - Rights of Accused - Counsel

Where there is a request for an attorney prior to any questioning, a finding of knowing and intelligent waiver of the right to an attorney is impossible. (T.T.C., Sec. 464(d) (2))

3. Criminal Law - Rights of Accused - Counsel

Neither the cases nor the statute obligate the police to persuade an accused that he needs counsel. (T.T.C., Sec. 464(d)(2))

4. Confessions - Admissibility

Statements made after a knowing and intelligent waiver of counsel are admissible, however, when the accused changes his mind and requests counsel, any statement he makes thereafter is not admissible until consultation with counsel. (T.T.C., ,Sec. 464(d) (2))

5. Confessions - Admissibility

Where the confession was made before the police persuaded the accused he needed counsel it was admissible. (T.T.C., Sec. 464(d) (2))

6. Confessions - Corroborating Evidence

A confession without more is insufficient, there must be corroboration; some other evidence tending to show a crime has been committed is required.

7. Confessions - Corroborating Evidence

The criminal agency of the defendant need not be shown independently of the confession.

8. Confessions - Corroborating Evidence

Failure of eye-witnesses to identify accused as the assailant did not constitute a failure of the necessary corroboration to accused's confession.

9. Assault and Battery With a Dangerous Weapon - Dangerous Weapon

A leather shoe on the foot of a person who kicks an eye out of a victim's head is a dangerous weapon within the meaning of that term. (T.T.C., Sec. 377-A)