Testimony Flashcards
S71
Eligibility and comoellability
In a civil or criminal proceeding
Any person is eligible to give evidence
A person who is eligible is compellable to give that evidence
This is subject to section 72-75
S73
Compellability of defendants and assister defendant
(1)) a defendant is not a compellable witness in his own trial
(2) As associated defendant is not compellable for or against the defendant unless
He is being tried separately
His proceeding has been determined
A proceeding has been determined if
It has been stayed, withdrawn or dismissed
The def has been acquitted
He has plead or nee found guilty, and sentenced
Associated defend means
Someone whose offence arose from the same event
Where the offence is connected in some way to defendants offence
Who is not compellable to give evidence
S74
Judges (in respect of conduct as a judge), governor general, sovereign, head of state,
Privilege definition
The right to refuse to disclose or to prevent disclosure of anything otherwise admissible
S53
Effect and protection of privilege
Page 61
Communication with legal advisors
Page 63
Privilege for communication with minister of religion
Page 64
Privilege for information obtained by medical practitioner or clinical psychologist
Page 65
Privilege against self incrimination
Page 67
Informers
Page 69
Corroboation
Page 73
Overriding discretion as to confidential information
S69, page 72
