Nicholas v Penny
1950 · 2 KB 466
Posted By lanbuk.com
- Facts
- A driver was of speeding. The only evidence of the speed was the reading of a police speedometer. There was no evidence that the speedometer had been tested.
- Issue
- Can an untested speedometer prove a speeding offence?
- Held
- Not by itself, on the statute as it then stood. Lord Goddard CJ held that the court should not act on an uncorroborated speedometer reading unless there was evidence the instrument had been tested and found to be accurate.
- Principle
- Where a statute requires of a speed, the instrument that measures it must itself be shown to be reliable, or be supported by other evidence.
- Why it matters
- It is the example of corroboration required as a matter of law, beside perjury, treason and the unsworn child. Rape is not in that list.
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.