Toohey v Metropolitan Police Commissioner

Facts

A boy of sixteen alleged that police officers had assaulted him. He was examined by a police surgeon, who found him hysterical and smelling of drink, and who thought he was prone to episodes of that kind. The defence was not allowed to call the surgeon. The officers were convicted of assault occasioning actual bodily harm.

Issue

May the defence call medical evidence to show that a prosecution witness is unreliable because of his physical or mental condition?

Held

The House of Lords quashed the convictions. Such evidence is admissible. It is not a collateral matter on which the witness's answer is final.

Principle

Evidence of a condition affecting a witness's reliability may be given by a witness qualified to speak to it. Credit is not always a closed subject.

Why it matters

It is the exception to the finality of answers on credit, beside bias, previous convictions and inconsistent statements.

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