Testimony

Question 1

Eligibility of a witness

Answer 1

Witness is eligible if they are lawfully able to give evidence for both the prosecution and defence

Question 2

Compellability of a witness

Answer 2

A witness is compellable if they can be required to give evidence against their will for both prosecution and defence

Question 3

General rule for eligibility and compellability

Answer 3

All people are eligible and compellable to give evidence

Question 4

Exceptions to the general rule of eligibility

Answer 4

• A person acting as a judge,
• a person acting as a juror or Council,
• defendants and associated defendants

Question 5

Section 73: An associated defendant is not compellable unless?

Answer 5

(2) (a) They are being tried separately from the defendant; or

(b) the proceeding against them has been determined

Question 6

Who is not compellable to give evidence under sec 74

Answer 6

• Judges,
• Sovereign,
• Governor General,
• Sovereign or head of state of a foreign country,

Bank officers (s75 only)

Question 7

Meaning of privilege

Answer 7

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

Question 8

Before a person is served with a summons to appear in court, verification must be made as to?

ARRT

Answer 8

• Whether they are allowed to give evidence,
• Whether they are required to give evidence,
• Whether they can refuse to give evidence, and
• What type of witness they will be.

Question 9

The effect of a claim of privilege

Answer 9

Information is withheld from the court which might be of assistance in determining the case

Question 10

Types of privilege

(There are 8)

Answer 10

• Communications with legal advisors s54,
• Solicitors trust accounts s55,
• Preparatory materials for proceedings s56,
• Settlement negotiations or mediation s57,
• Communications with Ministers of religion s58,
• Information obtained by medical practitioners and clinical psychologists s59,
• Privilege against self-incrimination s60,
• Informer privilege s64

Question 11

Legal professional privilege:
What communication is privileged?

Answer 11

• Communications with legal advisors s54,
• Preparatory materials for proceedings s56,

Question 12

Privilege for information attained by medical practitioners and clinical psychologists:

Applies to who?

Answer 12

Applies to the person who consults or is examined for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct.

Does not apply to a person required by an order of a judge or other lawful authority to be examined.

Question 13

Define Informer

Answer 13

Someone who is supplied, gratuitously or for reward, information to an enforcement agency of the possible or actual commission of an offence with the expectation that their identity will not be disclosed.

An Informer may be undercover police.

Question 14

What is covered by confidentiality

Answer 14

• s76 Protects the confidentiality of jury deliberations,
• s68 The identity of a journalist’s informant,
• s69 allows the judge to prevent disclosure of confidential information after weighing up various factors to determine if the public interest justifies protection of the material.

Question 15

Sec 121 Corroboration:
Evidence does not need to be corroborated except for which offences?

Answer 15

• Perjury s108,
• False oaths s110,
• False statements or declarations s111,
• Treason s73

Question 16

What is self-incrimination?

Answer 16

The provision of information by a person that could lead to the prosecution of that person for a criminal offence