Corroboration of Evidence in Criminal Cases

Question 1

what does corroboration mean?

Answer 1

corroboration simply means support. Therefore corroboration is simply evidence that supports other evidence that has been given.

Question 2

what is a corroboration requirement?

Answer 2

where there is a corroboration requirement, it means that there cannot be a conviction on the evidence of one witness alone

Question 3

what is a corroboration warning?

Answer 3

It means that there may be a conviction provided the jury is warned of the danger of convicting the accused on the basis of whatever evidence requires corroboration

Question 4

what is the leading and most widely accepted definition of corroboration

Answer 4

It was given by Lord Reading in R v baskerville where he said:

” We hold that evidence in corroboration must be independent testimony which affects the accused by connecting or tending to connect him with the crime. In other words it must be evidence which implicates him, that is, which confirms in some material particular not only the evidence that crime has been committed but also that the prisoner committed it”

Question 5

what are the two parts of corroborative evidence

Answer 5

As stated in the case of AG v Williams and approved in R v baskerville

1. independent of the evidence to be corroborated in that its source is different from that of the evidence to be corroborated and
2. Implicates the accused in the commission of the crime with which he is charged, in that it is evidence of a fact in issue. i.e evidence of the ingredient of the crime or undermines defence

Question 6

The supreme court approved Baskerville in DPP v Gilligan and said that corroborative evidence must have which three qualities?

Answer 6

1) it must implicate the accused in the crime charged
2) It must be independent
3) Both the corroborating evidence and the evidence that requires corroboration must be credible

Question 7

when is a corroboration warning required?

Answer 7

The law treated certain witnesses as belonging to “suspect categories” the main suspect categories were

(a) accomplices
(b) children
(c) female and child complaints of sexual offences

Question 8

why do we treat accomplice evidence with caution?

Answer 8

• The accomplice may well be motivated by some kind of hostility of vindictiveness against the accused?
• Accomplices may be trying to minimise their own role in the offence
• Accomplices may be trying to ingratiate themselves with law enforcement authorities
• An accomplice may have been given immunity from prosecution as a reward for testifying against the accused and may feel that he or she should favour the prosecution on that account

Question 9

what is a witness protection programme?

Answer 9

This is done where it would clearly be dangerous and probably life-threatening for a person to give evidence against the accused because of reprisals after he or she gave evidence for the prosecution.
- Irish courts have held that corroboration warning should also be given in respect of the evidence of a witness who is in a witness protection programme as their is danger that they may tailor their evidence at all costs to suit the state.

Question 10

what was held in the case of DPP v Gilligan? - witness protection

Answer 10

SC held that witness protection evidence should be viewed with caution. The receipt of benefit may mean the weight to be given is reduced. Needs warning but the jury is free to convict

Question 11

inference as to silence - criminal justice act 1984 as amended

Answer 11

ss 18, 19, 19A
inference may be drawn from failure to
- account for any object, substance, or mark, or any mark on any such object that was 1: on a person, 2: in or on his clothing, 3: otherwise in possession , or 4: any place in which he was during a specified period, or the condition of his clothing or footwear.
- account for his presence at a particular place at or about the time of the offense is alleged to have been committed
- mention any fact relied on in his defence that clearly calls for an explanation

Question 12

what are the safeguards in place for inferences?

Answer 12

a. The fact must have clearly called for an explanation when questioned, charged, or informed
b. The accused must have been informed in ordinary language what is the effect of a failure to account would be
c. Must have been informed of right to legal advice and unless, expressly waived, was given reasonable opportunity to consult with a solicitor
d. Questioning must have been recorded by electronic or similar means, or the accused consented in writing to no recording

Question 13

discretionary warning

Answer 13

Here, judge can decide. They are often sought.

Child testimony
- S.28(1) & 28(2) Criminal evidence act 1992

Sexual offences involving testimony of the complainant

S.7 Criminal Law Rape Amendment Act 1990

Question 14

what is the only one offence nowadays for which corroboration is required in order to secure a conviction

Answer 14

perjury

Question 15

How can perjury be committed?

Answer 15

Perjury can be committed in many ways, the most common law is knowingly to make a false statement in the course of judicial proceedings while under oath to tell the truth

Question 16

An accomplice

Answer 16

An accomplice is essentially anyone who played a part of who was somehow implicated in the offence being tried

Question 17

what are some reasons for treating accomplice evidence with caution?

Answer 17

1. The accomplice may well be motivated by some kind of hostility of vindictiveness against the accused?
2. Accomplices may be trying to minimise their own role in the offence
3. Accomplices may be trying to ingratiate themselves with law enforcement authorities
4. An accomplice may have been given immunity from prosecution as a reward for testifying against the accused

Question 18

why must a jury warning be given in relation to visual evidence?

Answer 18

Research has shown that juries tend to attach considerable importance to visual evidence and more likely to convict when the prosecution can adduce such evidence.

research has shown that people may also be mistaken in either recognising somebody or, even more so, in later identifying a person they believe to have been the perpetrator

Question 19

what are the two categories that visual or eyewitness evidence falls into?

Answer 19

• Identification evidence

- Recognition evidence

Question 20

what was held in the case of the people (DPP) v Duff regarding visual identification?

Answer 20

The court of Criminal Appeal held that an identification parade was the “the proper, regular and optimum” method of identification

Question 21

cross-racial identification

Answer 21

people are more prone to error when it comes to identifying others of a different skin colour to their own.

Question 22

how may a lie be corroborated? R v Lucas

Answer 22

A lie may be corroboated if

(i) deliberate
(ii) Relates to a material issue
(iii) proved by evidence other than malice
(iv) motive for the lie was a realisation of fear and guilt

Question 23

DPP v Connolly

Answer 23

Due regard means not only give a warning and explain what corroboration means, but also explain why they must look for it and show it is not always there

Question 24

what does section 12 of the criminal evidence act 1992 apply to

Answer 24

This section applies to a

i. sexual offence
ii. Offence involving the use of threat or violence against a person
iii. Incitement, conspiracy, or attempt to commit such an offence
iv. aiding, abetting, procuring or counselling the commission of any such offence
v. Offence under s.3 child trafficking and pornography act

Question 25

Casey Warning

Answer 25

AG v Casey set down the requirement that a warning must be given where correctness of an identification is challenged. It is the minimum warning given in any case which depends on visual identification

Question 26

DPP v Christie

Answer 26

The trial judge erred in nor warning about inter-racial identification. Should have reminded jury to weigh up the white woman’s assertion of her ability to identify one black man from another, if visual identification is admitted, the jury must be warned of mistaken identification in the past.