R v Redpath
1962 · 46 Cr App R 319
Posted By lanbuk.com
- Facts
- A girl of about seven was seen with a man on an isolated part of a moor. A stranger, who did not know her, saw her immediately afterwards in a distressed state. The accused denied that he was the man. The girl gave evidence. The question was whether the stranger's observation of the distress her.
- Issue
- Can distress corroborate a complainant?
- Held
- Yes, on these facts. The Court of Criminal Appeal held that distress observed by an independent person, in circumstances where it was not put on for show, could corroborate. The appeal was dismissed.
- Principle
- Distress corroborates only if it is independent of the complainant. Her own distress, described by her, is not independent. Someone else's observation of it can be.
- Why it matters
- Chauhan follows it. Dowley shows that time and distance go to weight. Baskerville is still the test: the evidence must implicate the accused.
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.