At the trial of a man for indecent assault upon a child of tender years the child gave evidence as an unsworn witness under section 30 of the Children Act 1908. His mother and a constable also gave evidence as to statements the child had made on being confronted with the accused shortly after the alleged assault. Held that while not admissible as evidence of identification, the testimony of the mother and constable was admissible to prove the accused’s demeanour at the time.
Held: Decision of the Court of Criminal Appeal reversed on this point, but the quashing of the conviction sustained, because the statements did not amount to the corroboration required by section 30.
Judges:
Lord Chancellor (Viscount Haldane), Earl of Halsbury, Lords Dunedin, Atkinson, Moulton, Parker, and Reading
Citations:
[1914] UKHL 641
Links:
Jurisdiction:
England and Wales
Criminal Evidence
Updated: 26 April 2022; Ref: scu.620712