High Court of Australia
'Cons. Rv Barrow
Appl 'Appl n an) ;
154 HIGH COURT {19
[HIGH COURT OF AUSTRALTA.]
EADE . a a as F 3 fe t . APPELLANT ; AND
THE KING . : z . 2 . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Criminal Law—Evidence—Child of tender years—Corroboration—Complaint made by child—False statements made by accused—Crimes Act 1900 (N.S.1W.) (No. 40 of
1924, es 1900), sec. 418. Sypyey, piesa On the hearing of a charge of indecently assaulting a girl of the age of five aie wie years evidence not on oath was given by the girl, pursuant to see. 418 of the ec isN Crimes Act 1900 (N.S.W.), that the accused had indecently assaulted her and ence C.J., stating the circumstances of the assault. sacs, siptin zit Held, that evidence that immediately after the assault was alleged to have Starke JJ. taken place the girl had voluntarily made a complaint to the same effect as her
evidence at the trial was not corroborative of her testimony within the meaning of sub-sec. 2 of sec. 418. :
Held, also, that, there being independent evidence establishing opportunity for the accused to have committed the offence charged, statements made by the accused which the jury might believe to be false, and to have been made in order to discredit the evidence given against him because he was unable to account for the facts to which the witnesses testified in any way consistent with his innocence, might be corroborative of the girl's testimony within the meaning of sub-sec. 2 of sec. 418.
Decision of the Supreme Court of New South Wales (Full Court): R. v. Bade, (1923) 24 8.R. (N.S.W.) 117, reversed. 3
Appiication for special leave to appeal, and appeal, from the Supreme Court of New South Wales.
i
34 C.L.R.] OF AUSTRALIA.
At the Newcastle Circuit Court on 11th October 1923, before H.C. or A. 1924. ~ EADE
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