Law of Evidence Corroboration Chapter 14 1 Introduction

Law of Evidence Corroboration Chapter 14 1

Introduction n n Corroboration is an independent evidence which confirms or supports or strengthens other evidence. It is in short, evidence which renders other evidence more probable 2

Rules of corroboration When using corroboration, the following rules must be held in mind: 1. Evidence requiring corroboration must itself be credible 2. The corroborating evidence must itself also be credible 3. Evidence in corroboration should not itself be, as a matter of law, evidence that requires corroboration n 3

Rules of corroboration 4. The corroborative evidence must itself implicate the accused in a material particular with the commission of the crime. 5. A witness may corroborate himself. 4

Instances where corroboration is required 1. Where corroboration is required as matter of law: a. evidence of children of tender years b. speeding cases c. perjury d. treason 5

Instances where corroboration is required 2. When corroboration warning is required as a matter of law 3. When corroboration warning is required as a matter of practice: a. Accomplice testifying on behalf of prosecution b. Accomplice testifying on behalf of defence (himself) c. Matrimonial cases 6

Instances where corroboration is required 4. Where there is no requirement for corroboration warning, yet caution is necessary Identification a. The correctness of the identification b. Examining the circumstances in which the identification came to be made c. Failure to consider these guidelines is likely to result in a conviction being quashed 7