Muldoon v Herron 1970 JC 30
Citation: Muldoon v Herron 1970 JC 30
Rule of thumb: If a person gives evidence early in the file, can they change their mind later? No, this does not hold any credibility.
Judgment:
The Court held that where someone identified the accused as being that the scene through at a police line-up after the event, but then denied this in Court, then this is a form of direct evidence in the case which carries inherent credibility. People cannot say one thing at the time then change their mind later on. “It was common ground that where one starts with an emphatic positive identification by one witness very little else is required to corroborate the identification of the accused person as the perpetrator…’, Lord Bracadale
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