Rex v Poki (Cr. App. No. 68-1939)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
A sketch plan made by a police officer based on locations pointed out by a third party is inadmissible in the absence of evidence from that third party or another person acquainted with the locations confirming they pointed out those places to the officer.
Outcome
Appeal Allowed
Facts
A police officer gave evidence that the house of the accused had been pointed out to him by one Erinesti. The officer made a sketch plan of the house and its environs which was put in evidence. Erinesti did not give evidence at trial. The appellant was absent and unrepresented on appeal.
Issues
- Whether a sketch plan should be admitted in evidence when the person who pointed out the locations to the plan maker did not give evidence.
Orders
- Appeal allowed on evidentiary grounds.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.