4. Testimony - Summary Flashcards
Point 1
Must Know
A general proposition is that all people are eligible to give evidence, and all who are eligible are compellable to give that evidence.
Point 2
Must Know
The spouse of a defendant is no longer regarded as non-compellable to give evidence under the provisions of s71.
Point 3
Must Know
When a witness is eligible to give evidence and chooses or is compelled to do so, he or she may still be able to refuse or be prevented from answering particular questions on the grounds of privilege.
Point 4
Must Know
A privilege in relation to the giving of evidence is the right to refuse to disclose, or to prevent disclosure, of evidence that would otherwise be admissible.
Point 5
Must Know
In a criminal proceeding, corroboration is not necessary for the evidence on which the prosecution relies, except for a few specified offences.