4. Testimony

Question 1

When is a witness eligible?

Answer 1

if they are lawfully able to give evidence on behalf of both prosecution and defence

Question 2

When is a witness compellable?

Answer 2

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

Question 3

What are the exceptions to the general proposition that all people are eligible and compellable to give evidence?

Answer 3

• judges, jurors and counsel
• defendants and associated defendants
• judges, Sovereign, Governor General, Head of State
• bank officers

Question 4

When can an associated defendant be compellable in a defendants hearing?

Answer 4

• if the associated defendant is being tried separately to the defendant
• if the proceeding against the associated defendant has been determined

Question 5

what is the definition of privilege in relation to the giving of evidence?

Answer 5

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

Question 6

what are some examples of privilige?

Answer 6

• communications with legal advisors
• solicitors trust accounts
• preparatory materials for proceedings
• settlement negotiations or mediation
• communications with ministers of religion
• information obtained by medical practitioners and clinical psychologists
• privilege against self-incrimination
• informer privilege

Question 7

Outline what is meant by waiving privilege and exceptions to this

Answer 7

privilege may be waived at any time by the person who is entitled to rely on it.

Despite a waiver, under s52, an “interested person” may still apply for an order that the privileged material remains inadmissible.

Question 8

what is corroboration?

Answer 8

is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged

Question 9

What types of offence require corroboration as a matter of law?

Answer 9

• perjury
• false oaths
• false statements or declarations
• treason

Question 10

What is held regarding eligibility and compellability generally?

Answer 10

any person is eligible to give evidence and a person who is eligible to give evidence is compellable to give that evidence

Question 11

What can a person who has privilige refuse to disclose?

Answer 11

• the communication
• the information, including any information contained in the communication
• any opinion formed based on the communication or information

Question 12

What privilige can be claimed for information obtained by medicial practitioners and clinical psychologists?

Answer 12

if it relates to a drug dependancy or any other condition of behaviour that may manifest itself in criminal conduct

Question 13

When would communication with a legal advisor be priviliged?

Answer 13

• if the communication is intended to be confidential

- if the communication is made for the purposes of obtaining or giving legal services

Question 14

Before a person is served with a summons, verification must be made of what?

Answer 14

• whether they are allowed to give evidence
• whether they are required to give evidence
• whether they can refuse to give evidence
• what type of witness they will be

Question 15

When does communications with ministers of religion become privileged?

Answer 15

• made in confidence to them in their capacity as a minister of religion
• made for the purpose of obtaining or receiving religious or spiritual advice, benefit or comfort