4. Testimony Flashcards

1
Q

Defendants and associated defendants

A

Associated defendant is someone against whom a prosecution has been initiated for an offence arising out of the same event as the offence for which the Defendant is being tired OR

That relates to, or is connected with, the offence for which the defendant is being tired

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2
Q

Who are not compellable to give evidence

A

As a Judge
The Sovereign
Governor-General
Sovereign
Head of State of a foreign country

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3
Q

Type of privillege

A
  • Communication with legal advisor
  • Solicitor’s trust account
  • Preparatory materials for proceedings
  • Settlement negotiations or mediation
  • Communications with ministers of religion
  • Information obtained by medical practitioners and clinical psychologist
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4
Q

Other privillege

A
  • Privilege against self-incrimination
  • Informer privilege
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5
Q

Definition of self-incrimination

A

The provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence

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6
Q

What offences where Prosecution relies on evidence to be corroborated

A

Prejury
Treason
False statement or declaration
False oaths

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7
Q

Child complainants

A

Prohibits a corroboration warning in cases involving child complainants where the warning would not have been given had the complainants been an adult.

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8
Q

Who is non compellable to give evidence

A

The spouse to a defendant is no longer regarded as non-compellable to give evidence under the provisions of s71

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