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The scales of justice on a plain background

Williams v R

1957-60 · ALR (S.L.) 135 (1957-60)

Posted By lanbuk.com

Facts
The was of carnal knowledge of a girl under 13. The evidence relied on was the mother's report of her daughter's complaint and medical evidence that intercourse had occurred.
Issue
Was there implicating the accused?
Held
No. The complaint was not independent, and the medical evidence did not implicate the appellant. The conviction was quashed.
Principle
Corroboration must be independent evidence that implicates the accused in a material particular (see also George v R, ALR (S.L.) 336 (1968-69)).
Why it matters
The old corroboration rule in sexual cases; now read with the Sexual Offences Act 2012.

Words and Latin in this note

Corroboration
Independent evidence that confirms a witness in a material particular and implicates the accused. One witness is enough for most charges. Some offences fail without corroboration, and some witnesses call only for a warning. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.