R v Lucas
1981 · QB 720
Posted By lanbuk.com
- Facts
- Mrs Lucas was charged with being knowingly concerned in the fraudulent evasion of the prohibition on importing cannabis. She and her husband gave explanations to customs officers which the prosecution said were lies. The question was whether those lies could an .
- Issue
- When is a lie capable of amounting to corroboration?
- Held
- The Court of Appeal allowed the appeal on the direction. Lord Lane CJ stated four conditions that must all be met before a lie can corroborate.
- Principle
- The lie must be deliberate, it must relate to a material issue, the motive must be realisation of guilt and fear of the truth, and it must be shown to be a lie by evidence other than the witness who needs support, or by an admission.
- Why it matters
- A false story is not automatically support, in this chapter or under Turnbull. The reason for the lie has to be the consciousness of guilt.
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.
- Accomplice
- A witness who was a party to the offence, a receiver giving evidence against the thieves, or a party to another offence the prosecution uses to prove the charge. If the prosecution calls him, the judge warns the jury of the danger of convicting on his evidence alone. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.