Testimony

Question 1

Eligibility and Compellability generally

Answer 1

In civil and criminal proceedings
Any person is eligible to give evidence
Person who is eligible is compellable to give that evidence

Question 2

Compellability of Defendants and Associated Defendants

Answer 2

Defendant not compellable
Associated defendant not compellable unless
- Associated defendant is being tried separately to the defendant
- proceeding against associatdd defendant has been determined

Proceeding determined
- stated, in summary proceeding info against Associated defendant had been withdrawn or dismissed
- Associated defendant acquitted or plead guilty. Sentenced

Question 3

What is a associated defendant

Answer 3

Prosecution arising from same events as the defendant is being tried
Or
Relates to or is connected with the offense defendant is being tried for

Question 4

Privelege

Answer 4

Right to refuse to disclose or to prevent disclosure of what would otherwise be admissible

Question 5

Types of Privilege

Answer 5

Comms with LEGAL ADVISORS
SOLICITORS trust accounts
PREPARATORY materials for proceedings
SETTLEMENT NEGOTIATIONS or MEDIATION
Comms with Ministers of RELIGION
Info obtained by MEDICAL PRACTIONERS or CLINICAL PSYCHOLOGIST

other
SELF INCRIMINATION
INFORMER PRIVILIGE

Question 6

Med Prac and Clin Psyco Privelege

Answer 6

Drug dependency or and other condition or behavior that may manifest itself in criminal conduct
BUT
does not apply to a person who is required by order of Judge or other lawful authority to submit himself to Med Prac or Clin Psc for any examination or test

Question 7

Self Incrimination

Answer 7

Info that could lead to or increase likelihood of prosecution

Question 8

Child complaints- Judicial direction about children evidence

Answer 8

Judge must not give any warning to jury about the absence of corroboration of evidence of the complaining if the judge would not give that kind of warning had the complainant been an adult

Question 9

Comms with Ministers of Religion Privelege

Answer 9

Made in confidence with MOR
Made for purpose of obtaining or receiving religious or spiritual advice , benefit or comfort

Question 10

Informer

Answer 10

Someone who has supplied, gratuitously or for reward info concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his identity will not be disclosed

Question 11

When Corroboration is needed

Answer 11

Perjury
False Oaths
False Statements
Treason