R v Chauhan
1981 · 73 Cr App R 232
Posted By lanbuk.com
- Facts
- The complainant in a sexual case was seen distressed by someone other than herself, shortly after the incident she described. The judge treated that observation as capable of corroborating her.
- Issue
- Is observed distress capable of being ?
- Held
- The Court of Appeal held that it could be, where the observation was independent and the distress was not explained away. It is a question for the jury whether in fact it does corroborate.
- Principle
- The independence required by Baskerville can be satisfied by a third person's observation of distress. It is not satisfied by the complainant's own description of how she felt.
- Why it matters
- Read it with Redpath. The two cases are one line, and Dowley is the case on delay.
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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