S v CHOUHAN 1986 (2) ZLR 237 (S)

Flynote

Criminal procedure — irregularity — failure to apply cautionary rule.

Evidence — accomplice — cautionary rule — dangers in relying on accomplice evidence — definition — acquitted person — whether may be an accomplice.

Headnote

It is proper to treat with caution and call for corroboration of the evidence of every witness who has a motive to implicate the accused; an accomplice has a motive to benefit himself by implicating the accused and has the advantage of being in a position to deceive the unwary by giving a realistic account of the offence in question. The fact of the acquittal of a person at his trial does not diminish either of these dangers. Failure to exercise caution where appropriate is a fatal irregularity.