Eade v R [1924] HCA 9

Eade v R [1924] HCA 9

A complaint made by the child victim immediately after the alleged assault cannot serve as corroboration within the meaning of s 418(2) Crimes Act 1900 (N.S.W.), but false statements or denials by the accused regarding material facts, if believed by the jury to be false and made to discredit the prosecution evidence, can be corroborative as independent evidence implicating the accused.

Parties
Appellant: Joseph Eade; Respondent: The King
Jurisdiction
Australia
Judgment Date
02 May 1924
Procedural Posture
Criminal Appeal / Appeal to High Court of Australia After Court of Criminal Appeal (nsw) Dismissed Appeal
Outcome
special leave granted, appeal allowed, conviction set aside, new trial ordered
Legal Topics
Corroboration, Child Witness, Indecent Assault, Complaints as Evidence
Criminal Law Evidence Corroboration Child Witness Indecent Assault Complaints as Evidence

Case Brief

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Parties

Joseph Eade

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court of Australia After Court of Criminal Appeal (nsw) Dismissed Appeal

Legal Issues

  1. 1 Whether a complaint made by a child victim immediately after an alleged indecent assault is corroborative within Crimes Act 1900 (N.S.W.) s 418(2)
  2. 2 Whether false denials or statements by the accused can be corroborative under Crimes Act 1900 (N.S.W.) s 418(2)

Ratio Decidendi

A complaint made by the child victim immediately after the alleged assault cannot serve as corroboration within the meaning of s 418(2) Crimes Act 1900 (N.S.W.), but false statements or denials by the accused regarding material facts, if believed by the jury to be false and made to discredit the prosecution evidence, can be corroborative as independent evidence implicating the accused.

Court Disposition

special leave granted, appeal allowed, conviction set aside, new trial ordered

Orders

  • Prisoner remanded in custody to await trial subject to bail discretion of Supreme Court