4. Testimony - Progress Test 4

Question 1

An associated defendant is not compellable to give evidence for or against a defendant unless
two situations apply. State these two situations.

Must Know

Answer 1

Section 73 of the Evidence Act 2006 sets out the basic rules of non-compellability to give
evidence in a criminal proceeding.

An associated defendant is not compellable to give evidence for or against a defendant unless two situations apply.
(a) The associated defendant is being tried separately from the defendant; or
(b) The proceeding against the associated defendant has been determined.

Question 2

When would a communication with a legal adviser be ‘privileged’?

Must Know

Answer 2

A communication with a legal adviser would be privileged when:
(a) The communication must be intended to be confidential.
(b) The communication must be made for the purposes of obtaining or giving legal services.

Question 3

What is the meaning of self-incrimination under s4 of the Evidence Act 2006?

Must Know

Answer 3

Self-incrimination is “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” (s4).

Question 4

What types of offences are considered by law to require corroboration?

Must Know

Answer 4

There are two types of offence in which the unsupported evidence of one witness is insufficient to support a conviction. These are:
− perjury and related offences (ss108, 110 and 111 Crimes Act), and
− treason (s73 Crimes Act).
In these instances, corroboration is required as a matter of law.