4. Testimony Flashcards
Defendants and associated defendants
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
Who are not compellable to give evidence
As a Judge
The Sovereign
Governor-General
Sovereign
Head of State of a foreign country
Type of privillege
- 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
Other privillege
- Privilege against self-incrimination
- Informer privilege
Definition of self-incrimination
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
What offences where Prosecution relies on evidence to be corroborated
Prejury
Treason
False statement or declaration
False oaths
Child complainants
Prohibits a corroboration warning in cases involving child complainants where the warning would not have been given had the complainants been an adult.
Who is non compellable to give evidence
The spouse to a defendant is no longer regarded as non-compellable to give evidence under the provisions of s71