Kuruma son of Kaniu v R

Facts

Kuruma was convicted in Kenya, under emergency regulations, of unlawful possession of ammunition. The two officers who searched him and found the ammunition were below the rank authorised to search. The Court of Appeal for Eastern Africa upheld the conviction. He appealed to the Privy Council.

Issue

Must evidence obtained by an unauthorised search be excluded?

Held

No. The Privy Council dismissed the appeal. Lord Goddard said that the test is whether the evidence is relevant. If it is, the court is not concerned with how it was obtained. A criminal judge has a discretion to exclude evidence if admission would operate unfairly against the accused. There was no unfairness here.

Principle

Relevant evidence illegally obtained is admissible, subject to a discretion where admission would be unfair.

Why it matters

It is the Privy Council authority applies to Sierra Leone. The discretion Lord Goddard stated is narrower than a general exclusionary rule.

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