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Reference: Volume 37D (1953), Part No. 4, Section , Page 962
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Judgement Details
Date
27/03/1953
Court
OF CRIMINAL APPEAL (INFERIOR)
Judiciary
CAMILLERI LUIGI A., MONTANARO GAUCI A.J., GOUDER TANCRED
Parties
HIS MAJESTY THE KING vs RICHARD VIVIAN DUDLEY BEAUMONT
ECLI
N/A
Judgement Type
-
Linked Case
N/A
Keywords / Summary
Keywords
EVIDENCE - EXHIBIT - SEC. 11 EVIDENCE ACT 1851 - SEC. 582 CHAPTER 15 - SEC. 641 CHAPTER 12 - WRITTEN STATEMENT
Summary
It is a well settled, and almost elementary, rule of law, that a witness must not read out his evidence from a written statement. The rule is that evidence must be "viva voce"; and a witness is onlyallowed to refresh his memory by referring to a writing under the conditions laid down in the law.Consequently, the evidence taken before the Enquiring Magistrate consisting in the reading out of awritten report made by the witness, is null and void; and is not admissible as evidence. A documentissued by the London Criminal Records Officer is admissible as evidence if it is signed by the responsible officer of the Office, or if it is furnished with the seal or stamp of the Office, without the necessity of any proof of the signature, or seal or stamp, or of the official character of the person signing it. If it is not so signed, or stamped or sealed, it is not admissible as evidence.
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