R v Dowley
1983
Posted By lanbuk.com
- Facts
- The distress of a complainant was observed about a mile from the place, and some time after the incident. The defence said that was to . The jury were allowed to consider it.
- Issue
- Does distance and delay stop distress from being corroboration?
- Held
- The Court of Appeal would not interfere with the jury's use of it. Distance and delay affect the weight of the observation. They do not, by themselves, make it legally incapable of supporting the complaint.
- Principle
- Whether observed distress implicates the accused is a question of fact. Remoteness is for the jury unless no reasonable jury could treat it as support.
- Why it matters
- Weight falls as time and distance grow. Redpath, where the stranger was there at once, is the strong end of the line.
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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