4. Testimony - Corroboration Flashcards
Does evidence require corroboration in S121(1) EA06?
121 Corroboration
(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of -
(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).
Does a judge need to warn the jury in relation to uncorroborated evidence?
(2) Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it
is not necessary for the Judge to -
(a) warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
(b) give a direction relating to the absence of corroboration.
Is one witness’s testimony sufficient to prove a presecution to the required standard?
Must Know
It does not always follow that the
court will act on the evidence of one witness; it simply means that it may do so when sufficiently satisfied as to its cogency.
Define corroboration?
It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates
the defendant in the crime charged.
When is corroboration required as a matter of law?
There are two types of offence – perjury and related offences (ss 108, 110 and 111 Crimes Act) and treason (s73 Crimes Act) – in which the unsupported evidence of one witness is insufficient to support a conviction. In these instances, corroboration is required as a matter of law.
what does s125 outline regarding corroboration relating to childrens evidence?
s125(1) prohibits a corroboration warning in cases involving chld complainants where the warning would not have been given had the complainant been an adult.
