Testimony

Question 1

Witnesses Eligible and Compellable

Answer 1

ELIGIBILITY AND COMPEL - S71
Witness is eligible if they are lawfully able to give evidence on behalf of both prosecution and defence. A witness is compellable if required to give evidence against their will for both.

Any person who is eligible to give evidence and a person who is eligible is compellable.

Question 2

Who is Not Compellable

Answer 2

The sovereign, judges (in respect of their conduct as a judge), Governor General, sovereign/head of state of a foreign country

Question 3

Associate Defendant

Answer 3

ASSOCIATE DEFENDANT
Someone who is being prosecuted for an offence arising out of the same events as for which the defendant is also being prosecuted or relates/is connected to the offence of the defendant. Includes co-defendants and those linked to offending.

Not compellable to give evidence against defendant unless being tried separately or their proceeding has been determined (withdrawn/dismissed/acquitted/guilty)

Question 4

Right to Silence

Answer 4

No person other than defendant, their counsel or Judge can comment on the fact that defendant did not give evidence.

Question 5

Privilege Against Self-Incrimination

Answer 5

PRIVILEGE AGAINST SELF-INCRIM (S60)
Applies if - Person required to provide specific info in course of a proceeding or by a person exercising a statutory power or duty or police officer or other holding public officein the course of an investigation into a criminal offence
AND info would likely incriminate the person under NZ law for an offence punishable by prison.

Question 6

Informer

Answer 6

INFORMER
Someone who has supplied (gratuitously or for reward) an enforcement agency regarding possible or actual commission of an offence in circumstances in which they have reasonable expectation them at their identity will be kept secret

Question 7

Privilege Is

Answer 7

Right to refuse to disclose/prevent disclosure of what would otherwise be admissible. Arising from contents or class of evidence or nature of relationship.

Question 8

Examples of Privilege

Answer 8

EXAMPLES OF PRIVILEGE

• Communication with legal advisors
• Preparatory materials for proceedings
• Communications with ministers of religion
• Solicitors trust accounts
• Information obtained by medical practitioners and clinical psychologists
• Against self-incrimination
• Informer privilege

Question 9

Medical Practitioners and Protected Communication

Answer 9

MEDICAL EXAMINERS PROTECTION - S59(1)
Person who consults/examined by medical practitioner or clinical psych for drug dependency or any other condition/behaviour that may manifest in criminal conduct.
Does not apply to person required by order of Judge to submit to exam

Question 10

Business Record

Answer 10

BUSINESS RECORD - S19(1)

• Document made to comply with a duty or in the course of a business, and as a record/part record of that business
• From info supplies directly/indirectly by a person who had personal matters dealt with in the information they supplied