Singh v Rex
Singh v Rex (Criminal Appeal No. 271 of 1950) [1950] EACA 81 (1 January 1950)
The court held that the appellant's statement in the affidavit, while intended to give the impression of continuous presence in Kenya, did not explicitly state so and was not incompatible with the admitted absences. There was no evidence that the appellant was not working with his father during his trips to India, and the prosecution failed to prove that the statement was impossible rather than merely incredible. The law requires that perjury be established by proof that the statement could not possibly be true, not simply that it is misleading or ambiguous. The conviction was therefore unsus…
Source excerpt
- Perjury
- False Testimony
- Elements Of Offence
- Burden Of Proof
- Affidavit Evidence