InkElites LMS

CORROBORATION

LAW OF EVIDENCE | Page 2 of 10
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witness should confirm everything that the accomplice has said or done. All that is required is some independent evidence connecting the accused with the crime. No Self-Corroboration A witness cannot corroborate him or herself; otherwise, it would suffice for one to repeat ones story a hundred times in order to get a hundred corroboration of it. (R.v WHITEHEAD (1929) 1 KB 199). In essence, the corroboration must be extraneous and independent of the testifying witness, and must connect the accused to the crime. A complaint is no corroboration The testimony of a witness as to a complaint made to him or her does not amount to a corroboration of the complaint. R. V. Christie, 1914. The evidence must corroborate the remainder of the evidence in some material particular. When Corroboration is required Generally, Corroboration is not of essence so long as the parties are able to adduce enough evidence to warrant a verdict. However, the statute creating certain offences has demanded corroborative evidence as a precondition for a conviction. In some cases also, the court, as a matter of practice, makes corroboration necessary. Corroboration as a matter of Law The following are examples of instances where corroboration is required by Law: Unsworn evidence of a child. Evidence Act Section 208 and 209 Treason; Criminal Code Section 37 Concealment of Treason. Section 40, Criminal Code and Evidence Act Section Treasonable felonies Section. 41. Criminal Code, and Evidence Act, section 200 Promoting: Inter-communal war Section 42, Criminal Code and Evidence Act Section 200 Perjury Evidence Act, Section 198 Traffic Offence of Exceeding Speed limit: Evidence Act Section 201 Sedition: Evidence Act Section 204, Criminal Code Section 51 (1)(b) Action for