et

• Corroboration


  Evidence that supports or confirms other evidence presented
• Corroboration


  • Plays a crucial role in establishing the credibility and reliability of testimony in court proceedings
  • Ensures fair trials, prevents wrongful convictions, and maintains the integrity of the justice system by requiring independent evidence to support key assertions made during legal proceedings
• Forms of corroborative evidence

  • Oral testimony
  • Documentary evidence
  • Real evidence
• Corroborative evidence


  Can be direct or circumstantial and serves to independently confirm or support other evidence presented in legal proceedings
• Corroborative evidence


  Findings such as an accused person telling lies in court may also be considered as corroborative evidence
• Judge's role in deciding on corroborative evidence

  • Must separate the function of making decisions on legal issues, like the admissibility of evidence, from deciding on the facts presented
  • Only after determining admissibility can the judge assess the credibility and weight of the evidence
• Jury's role in deciding on corroborative evidence

  • Evaluating the credibility and reliability of witnesses
  • Drawing inferences from the evidence
  • Reaching conclusions on the facts in issue
  • Making decisions based on the evidence presented
• Cases where corroboration is required

  • Treason
  • Perjury
  • Certain statutory offenses
  • Instances where the credibility of witnesses is in question, like accomplices, children, or victims of sexual offenses
• Statute reforms have explicitly stated that corroboration is not required in sexual offenses against children or abduction cases
• Section 229H and 352A of the Criminal Code state that corroboration is not required in charges related to sexual offenses against children and sexual offenses and abduction
• In these instances, a person may be found guilty based on the uncorroborated testimony of one witness, and judges are prohibited from instructing themselves that it is unsafe to find the accused guilty without corroboration
• Corroboration is required as a matter of practice in cases where the credibility of witnesses is in question, such as with children, accomplices, and victims of sexual offenses
• In these instances, judges are expected to warn the jury about convicting based on uncorroborated evidence, and failure to do so may lead to a conviction being overturned on appeal
• Other categories where corroboration is generally required

  • Identification evidence
  • Situations where the accused remains silent
  • Claims against deceased estates
• Voluntariness of confessions


  Confessions must be made voluntarily, without coercion or inducement, in the exercise of free choice, under fair circumstances that allow the accused to freely exercise their mind
• Even if an accused was not informed of their right to remain silent, a confession may still be deemed voluntary if it was not coerced or induced by threats or intimidation</b>
• Section 28 of the Evidence Act


  Even if evidence is relevant, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or if it is needlessly cumulative
• Common law discretion to exclude relevant evidence


  • The trial judge has discretion to exclude relevant evidence if its probative value is outweighed by factors such as unfair prejudice, confusion of issues, misleading the jury, undue delay, or waste of time
  • Aims to maintain fairness and integrity in the legal process by excluding evidence that could potentially harm the accused or lead to an unfair trial
• Exclusion of evidence obtained in breach of constitutionally guaranteed rights and freedoms

  • The court may have the authority to exclude such evidence to protect and enforce these fundamental rights
  • Ensures that the legal process upholds the integrity of the constitution and respects the rights of individuals involved in the legal proceedings
• Privilege


  Allows a party to refuse to disclose certain confidential information, even if it is relevant evidence
• Privilege against self-incrimination


  Extends to both civil and criminal proceedings, allowing individuals to refuse to answer questions that may expose them to criminal charges
• Public interest immunity


  • Arises when there is a public interest in preventing harm to the nation or public service by disclosing certain documents
  • Can be invoked by various parties, including witnesses, judges, or the state, regardless of their involvement in the proceedings
  • Extends beyond matters of high national concern and covers activities of both local and central government organs
• Estoppel


  • Can prevent a party from relying on or denying certain facts in litigation, which may lead to the exclusion of relevant evidence
  • Operates as an exclusionary rule of evidence, binding parties to their previous statements or actions
• Presumptions


  • Allow for the establishment of certain facts without the need for proof when specific prerequisites are met
  • Enable parties to establish one fact by proving another specific fact or facts
  • Can be of various types, such as presumptions of facts, irrebuttable presumptions of law, and rebuttable presumptions of law
• Judicial notice


  • Allows a court to accept certain facts as true without requiring formal proof
  • Eliminates the need for parties to present evidence on well-known or indisputable facts
• Admissions


  • Allow parties to accept certain facts as true without the need for further proof
  • Are formal acknowledgments of facts made by a party, which the court can consider as proven
• Voir dire


  • A special procedure within a trial where the admissibility of evidence is determined, especially when it depends on disputed facts
  • During voir dire, the judge assesses the existence of facts like the voluntariness of a confession, witness expertise, hostility, or the maturity of a child to give evidence before allowing it to be presented in the main trial
• Res gestae


  • Allows for the admission of spontaneous remarks made in a state of excitement at the time of an event, such as an assault or an accident
  • Permits statements that are part of the story and contemporaneous with the matters under investigation to be admissible, even if they infringe rules against hearsay or self-corroboration
• Disposition, similar facts, and evidence of the accused's character

  • Subject to specific limitations and rules
  • Evidence of prior misconduct or character may be admissible if it is relevant to the case, such as showing a pattern of behavior, but there are statutory limitations on using such evidence in criminal cases to avoid prejudice
• Opinion evidence


  • Refers to a witness's personal opinions, beliefs, or inferences regarding facts in issue
  • Generally, a witness can only provide opinion evidence if they are an expert in the subject matter, and the opinion assists the court in understanding the facts
  • Opinion evidence must be based on facts that can be stated without reference to the opinion itself and must be conducive to ascertaining the truth
• Hearsay evidence


  A statement offered in court to prove the truth of what is asserted by someone not present to be cross-examined
• Exceptions to the hearsay rule

  • Statements made in a state of excitement (res gestae)
  • Statements against interest
  • Certain types of statements by deceased persons that are admissible as evidence of the truth of their content
• Probative value of evidence


  Refers to its logical connection to the fact it tends to prove
• Prejudicial effect


  Relates to the potential harm or bias that evidence may cause
• Courts must weigh the probative value against the prejudicial effect to determine if the evidence should be admitted, ensuring that the evidence is more helpful than harmful in reaching a just decision