Testimony: Confidentiality and Corroboration

Question 1

Jury deliberations

Answer 1

s76 protects the confidentiality of jury deliberations

however evidence may be given on the deliberations of a jury if the judge is satisfied that the circumstances are so exceptional that there is a sufficiently compelling reason to allow the evidence to be given

Question 2

In deciding whether to allow evidence given about jury deliberations, the judge must weigh up:

Answer 2

• the public interest in protecting the confidentiality if jury deliberations generally, and -
• the public interest in ensuring that justice is done in those proceedings

Question 3

Protection of journalists’ sources

Answer 3

Section 68 provides that where a journalist promises an informant not to disclose the informants identity neither the journalist nor their employer is compellable to answer any question or produce any document that would disclose the identity of the informant

Question 4

section 69: overriding discretion as to confidential information

Answer 4

allows the judge to prevent the disclosure of confidential information after weighing up on various factors to determine if the public interest justifies the protection of the material

Question 5

Definition of “corroboration”

Answer 5

Not defined in the act.

It is independent evidence that tends to confirm or support some fact which other evidence is given and implicates the defendant in the crime charged.

Question 6

Circumstances in which corroboration is required as a matter of law:

Answer 6

There are two types of offences in which unsupported evidence on one witness is insufficient to support a conviction:

1. perjury and related offences
2. treason.

In these instances corroboration is required as a matter of law.

Question 7

What are the sections concerning warning the jury about absence of corroborative evidence?

Answer 7

s 121(2): there is no requirement to warn the jury about the dangers of relying on uncorroborated evidence, or a direction to be given in the absence of corroboration

s 122: if the judge is of the opinion that uncorroborated evidence is unreliable, they may warn the jury of the need for caution

Question 8

s 125(1)?

Answer 8

prohibits a corroboration warning in cases involving child complaints where the warning would not have been given had the complainant been an adult.