DPP v Hester
1973 · AC 296
Posted By lanbuk.com
- Facts
- Hester was charged with indecent on a girl of twelve. She gave sworn evidence. Her younger sister gave unsworn evidence of what she had seen. The trial judge told the jury they could use each girl's evidence to the other. The Court of Appeal quashed the .
- Issue
- Can a sworn child and an unsworn child corroborate each other?
- Held
- The House of Lords allowed the prosecutor's appeal. The statutory bar stops an unsworn child corroborating another unsworn child. It does not stop a sworn witness and an unsworn child supporting each other.
- Principle
- Mutual corroboration is allowed where each piece of evidence is itself admissible and one of them is sworn. Two unsworn children cannot corroborate each other.
- Why it matters
- It is the answer on children. A recent complaint is still not corroboration. Hester is about two witnesses to the facts, not about a complaint.
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.
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