R v Manuel (No 2) [2015] NSWSC 1563

R v Manuel (No 2) [2015] NSWSC 1563

As the mother of the accused did not object to giving evidence, the court's discretion under s 18(6) Evidence Act 1995 (NSW) was not engaged and she was compellable as a witness.

Jurisdiction
Australia
Judgment Date
14 October 2015
Procedural Posture
Criminal Proceeding / Procedural Ruling
Outcome
Discretion under s 18(6) Evidence Act 1995 (NSW) not engaged; mother of accused compellable to give evidence.
Legal Topics
['compellability of Witness' 'mother of Accused as Witness']
['criminal Law' 'evidence'] ['compellability of Witness' 'mother of Accused as Witness']

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Procedural Posture

Criminal Proceeding / Procedural Ruling

Legal Issues

  1. 1 ['Whether the mother of the accused, who does not object, is compellable to give evidence under s 18(6) Evidence Act 1995 (NSW).']

Ratio Decidendi

As the mother of the accused did not object to giving evidence, the court's discretion under s 18(6) Evidence Act 1995 (NSW) was not engaged and she was compellable as a witness.

Court Disposition

Discretion under s 18(6) Evidence Act 1995 (NSW) not engaged; mother of accused compellable to give evidence.

Orders

  • ['No order as mother did not object; evidence to be taken from mother of accused.']