Chapter four: Testimony

Question 1

Before a person is served with a summons to appear in court, verification must be made as to:

Answer 1

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

Question 2

What is an eligible witness?

Answer 2

Lawfully able to give evidence on behalf of both prosecution and defence

Question 3

what is a compellable witness?

Answer 3

They are required to give evidence against their will for both prosecution and defence

Question 4

*true or false
Once a witness has entered the box and been sworn, they are under a compellable obligation to answer all questions put to them

Answer 4

True

Question 5

*if the juror is given permission to give evidence, what would happen?

Answer 5

He would be discharged from the jury and trial would proceed with 11 jurors

Question 6

Section 72: judges, jurors or counsel:

Answer 6

• a judge in a proceeding is not eligible to give evidence in that proceeding
• unless permission given by a judge, juror/ counsel cant give evidence

Question 7

*Who is not compellable to give evidence?

Answer 7

• judge
• sovereign
• governor general
• head of state of a foreign country

Question 8

does a co defendant have to give evidence?

Answer 8

No

Question 9

an associated defendant is not compellable to give evidence unless

Answer 9

• the associate of the defendant is being tried separately from the defendant
• the proceedings against the associate of the defendant has been determined

Question 10

privilege

Answer 10

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

Question 11

Types of privilege

Answer 11

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

Question 12

*When does privilege with regards to medical practitioner and clinical psych apply?

Answer 12

Person consulted for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct

Question 13

when does privilege not apply for medical practitioner?

Answer 13

When a person has been required by an order from a judge to submit himself for an exam

Question 14

What is privilege against self in crimination?

Answer 14

Information that could lead to prosecution of himself

Question 15

corroboration

Answer 15

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 16

it is not necessary in a criminal proceeding for evidence to be corroborated, except in respect to the offences of:

Answer 16

• perjury
• false oaths
• false statements
• treason

Question 17

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

Answer 17

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 18

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

Answer 18

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 19

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

Answer 19

− perjury and related offences (ss108, 110 and 111 Crimes Act), and

		− treason (s73 Crimes Act).