R v Baskerville
1916 · 2 KB 658
Posted By lanbuk.com
- Facts
- Baskerville was of acts of gross indecency with two boys. The boys gave evidence. Letters from him to them were also proved. The question was whether the letters could the boys.
- Issue
- What does corroboration have to do?
- Held
- The Court of Criminal Appeal held that the letters were capable of being corroboration. Lord Reading CJ defined it as independent testimony which affects the accused by connecting or tending to connect him with the crime.
- Principle
- Corroboration must be independent, admissible and credible, and it must implicate the accused in a material particular. It is not enough that it is consistent with the complainant's story.
- Why it matters
- Every later corroboration case uses this definition. Distress and a complaint usually fail it.
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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