Second question arises only if the first is answered

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second question arises only if the first is answered negatively, and the two should not be confused. (3) It is a general rule that corroboration is required of a complainant’s evidence of a sexual offence, but corroboration is not required as a matter of Law if the relying on such testimony and gives his reasons for so doing. (4) The unsworn testimony of a child itself requires corroboration an cannot be used as corroboration of the testimony of the complainant of a sexual offence. (5) In this case, the magistrate did not properly consider the matter of corroboration and the error was prejudicial. (6) Evidence of burglary need not be corroborated even though the felony intended was a sexual offence which by itself would nor-
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mally require corroboration. Conviction for indecent assault quashed, conviction for burglary confirmed. 261. Meshilieki s/o Modiri v. R., Crim. App. 268-A-67, 25/4/68, Platt J. Accused was convicted of cattle theft. The primary issue on appeal concerned identification of the cattle. The trial court rejected photographs of the cattle be- cause the negatives were not produced and neither the photographer or any per- son present at the time the photographs ere taken was called as a witness. Ac- cused argued that the cattle should have been exhibited or viewed by the court. However, there was evidence that complainant had identified the cattle and that they had been freshly branded by accused long after the normal age for bran- dling. Held: (1) The photographs were properly excluded from evidence for the reasons stated by the trial magistrate. (2) The trial magistrate correctly observed that as a general principle the property should be produced as an exhibit if avail- able, but that this procedure is not essential if there is other sufficient evidence of identification. [Juma allibux v. R., 1967 High Court Digest, case No. 383 distin- guished]. In the present case, the other evidence of identification was sufficient to support the conviction. 262. Mohamed s/o Issa v. R. , Crim. App. 1-D-68, 21/2/68, Georges C. J. Accused was convicted of burglary, stealing, and assault with intent to prevent lawful apprehension. The events out of which these convictions arose took place on 25 th (1968)H.C.D. - 94 – July, 1966, but no attempt was made to apprehend accused until 21 st February, 1967, although during this time accused lived at his house which was near the police station and complainant had allegedly identified accused both to a neigh-
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bour and in a police report shortly after the crime took place. The police report was not introduced into evidence. Held: “It is important that the police should produce the statements made by the witnesses at the time to support their allegations that they did identify the appellant. Such statements are clearly admissible under section 166 of the Evi- dence Act, Act No. 6 of 1967.” [Citing Mario Wako Kella v. R., Court of Appeal for Eastern Africa, Crim. App. 106 of 1967] Without such evidence, the delay in at- tempting to apprehend accused casts doubt on complainant’s identification and the evidence is insufficient to support the convictions. Convictions quashed.
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  • Fall '17
  • Dean Majamba

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