Vibert v Att. Gen. [1991] JLR 247 (24 September 1991)

Vibert v Att. Gen. [1991] JLR 247 (24 September 1991)

The age above which a corroboration warning is unnecessary is to be determined by the trial judge based on the evidence and the demeanour of the witness; the close relationship of the witness to the complainant is not a relevant factor.

Citation
[1991] JLR 247
Parties
Applicant: Vibert; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
24 September 1991
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Corroboration, Young Witnesses, Judicial Discretion
Criminal Law Evidence Corroboration Young Witnesses Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Vibert

Applicant

Attorney General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a corroboration warning is necessary for evidence given by young witnesses and the age threshold for such warning.
  2. 2 Whether the close relationship of the witness to the complainant is a relevant factor in determining the need for a corroboration warning.

Ratio Decidendi

The age above which a corroboration warning is unnecessary is to be determined by the trial judge based on the evidence and the demeanour of the witness; the close relationship of the witness to the complainant is not a relevant factor.

Court Disposition

appeal dismissed