Privilege

Question 1

CATEGORIES: 4

3 cases

Answer 1

1. Privilege against self-incrimination

Blunt v parklane hotel (1942): “The rule is that no one is bound to answer any question if the answer would, in the opinion of the judge, have the tendency to expose him to any criminal charge/penalty or forfeiture which the judge regards as reasonably likely.”

The privilege against self-incrimination is lost once a witness or an accused person volunteers to become a witness… 127(2) EA

2. Privilege of spousal communication
   s.127(3) -Privilege is lost If the spouse against whom testimony is to be given consents to disclosure or in circumstances
   Rumping v DPP (1964)
3. legal profession privilege
   Grant V downs (1976- facilitate representation
   s.134
   litigation privilege - after proceedings are commenced.
   legal advice privilege - in giving advice
4. ‘Without prejudice privilege
   s. 136 - for both and succeeds until both waive.