People (Attorney General) v E

CourtCourt of Criminal Appeal
Judgment Date01 January 1945
Date01 January 1945
The People (Attorney-General)

Rider - Charge of indecent assault on child - Uncorroborated evidence of complainant - Verdict of guilty with rider added -Rider showing that jury believed evidence but were not satisfied as to presence of mens rea - Conviction viction quashed - New trial refused.

On a charge of indecent assault on a boy the jury returned a verdict of guilty with the addition of a rider: "We believe the boy's evidence, but it is not made very clear," and recommended the accused to mercy. The evidence for the prosecution given by the complainant was uncorroborated. Held, that the rider should be taken as indicating that the jury had reached a conclusion that the boy's evidence was true but that they were not satisfied as to the...

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