Part of the statement the prohibition of section 27

Info icon This preview shows pages 563–565. Sign up to view the full content.

part of the statement; the prohibition of section 27 of of the Evidence Act extends to both portions and the entire statement was inadmissible. Conviction quashed because of this misdirection and for insufficient evidence. 299. Abdala s/o Siki v. R., Crim. App. 301-D-68, Biron J. The two accused, after being interrogated at length and thoroughly beaten by an assistant head man and a TANU Youth League member, confessed to a theft, of which they were suspected. (1968)H.C.D. - 110 – Held: “(i)f the convictions rested and depended only on these confessions made under duress, (this Court) would not have the slightest hesitation allowing the appeals and quashing the convictions.” (2) Because of the presence of other evidence, independent of the confessions, which was sufficient basis for a con- viction, the convictions were affirmed. 300. R. v. Jairi s/o Mwipopo , Crim. Rev. 46-D-68, 27/5/68, Georges C. J.
Image of page 563

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Accused was convicted of defilement of a girl aged ten years. There was medical evidence that the girl had been sexually assaulted, and her mother testified that the child had promptly complained to her, but here was no evidence linking the accused to the assault except that offered by the girl herself. There was no ex- amination by the court to discover whether she understood the nature of an oath, nor was there any examination to discover if she was sufficiently intelligent and understood the duty of telling the truth so that her unsworn evidence could be admitted. Held: (1) In case of this nature it is vital to consider the need for corrobora- tion, and failure to do so is a fundamental error. If the magistrate “had examined the child, concluded that she could give evidence on oath, then in his judgment pointed out that there was no corroboration, warned himself of the danger of convicting when there was no corroboration, and then decided that despite that danger, he was so completely satisfied with the evidence of the complainant that he would convict, then his judgment would not have been faulted.” (2) “Corrobo- ration, it must be stressed, is independent evidence connecting the accused per- son with the offence.” Neither evidence of a complaint by the girl, nor medical testimony that an assault has taken place, are corroboration; the former is not independent, and the latter does not connect accused with the violation. 301. R. v. Magibo Makaba. Crim. Rev. 30-M-68, 5/6/68, Seaton J. Accused was convicted of cattle theft. During the cross-examination of one of the prosecution witnesses, accused requested to see a statement which the wife of that witness had made at the police station, or to have that statement read to him. The wife had not been called as a prosecution witness. Held: The statement might have been admissible under section 8 of the Evidence Act as part of the res gestae, “ i. e., as accompanying facts and consti- tuent incidents which reveal the true nature of the fact in issue and disclose the motives of the parties or establish their connection with the fact under inquiry.
Image of page 564
Image of page 565
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern