Corrorboration

Question 1

What section relates to corroboration and what is contained in that section?

Answer 1

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).
(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.

Question 2

What is the definition of corroboration?

Answer 2

it is not defined in the act but 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.

Question 3

What are the four offences that require evidence to be corroborated?

Answer 3

Perjury - S108 CA 1961
False Oaths - S110 CA 1961
False Statements - S111 CA 1961
Treason - S73 CA 1961

Question 4

Under s122 what may the judge do?

Answer 4

Warn the jury if they believe that uncorroborated evidence is unreliable.

Question 5

What are the provisions around warning the jury in relation to child complaints?

Answer 5

125
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.