Corroboration Flashcards
S121 EA 06 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).
(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.
Define Corroboration
It not defined in the act. However 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 by 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
Discuss the judges warning to Jury in relation to corroboration.
Section 121(2) provides that there is no requirement for either a general warning to the jury about the dangers of relying on uncorroborated evidence, or a direction to be given relating to the absence of corroboration. Subject to perjury and treason.
However, It is therefore still open to the judge to give a warning to the jury or instruct them to take special care in cases where evidence is uncorroborated or a witness may be of doubtful reliability.
S125 EA 06 Judicial directions about children’s evidence
(1) In a criminal proceeding tried with a jury in which the complainant is a child at the time when the proceeding commences, the Judge must not give any warning to the jury about the absence of corroboration of the evidence of the complainant if the Judge would not have given that kind of a warning had the complainant been an adult.
