Witness evidence

Question 1

Who is a competent witness? Name 2 exceptions

Answer 1

anyone who can understanding the solemnity of the oath

Exceptions:

i. defence is not competent as a prosecution witness

ii. person with a disorder

Question 2

Who is a compellable witness? Name 2 exceptions

Answer 2

anyone who is competent

1. D is not compellable for co-defendant
2. Spouse is only compellable in certain circumstances

Question 3

What are the circumstances which the spouse is compellable? (3)

Answer 3

Spouse can only be compelled if:

i. Domestic violence to that spouse
ii. Assault on child under 16
iii. Sexual offence on child under 16
iv. Attempts, conspiring or abetting any of the above

Question 4

What are the 2 exceptions to a witness not being able to give an opinion in their evidence?

Answer 4

1. perceived fact “Jeff was drunk”
2. expert witness

Question 5

Name 2 types of privilege

Answer 5

1. legal advice
2. litigation

Question 6

What type of communication attracts litigation privilege?

Answer 6

the purpose of the communication with a lawyer is to advance or act in a process of litigation