R v Ronald Edward Medich (No. 21) [2017] NSWSC 199

R v Ronald Edward Medich (No. 21) [2017] NSWSC 199

It is in the interests of justice for Gattellari to be compelled to answer the questions; accordingly, the court will issue a certificate under s. 128 of the Evidence Act 1995 (NSW) at the conclusion of his evidence.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Criminal / Procedural Ruling on Witness Compulsion and Certificate Under S. 128 Evidence Act 1995 (nsw)
Outcome
Witness Gattellari is compelled to answer the questions and will be granted a certificate pursuant to s. 128 of the Evidence Act 1995 (NSW).
Legal Topics
['compellability of Witness' 'privilege Against Self Incrimination' 'use of Certificate Under S. 128 Evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['compellability of Witness' 'privilege Against Self Incrimination' 'use of Certificate Under S. 128 Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal / Procedural Ruling on Witness Compulsion and Certificate Under S. 128 Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether the answers to questions put to the witness may tend to prove the commission of an offence' 'Whether in the interests of justice for the compelled evidence to be given pursuant to s. 128 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

It is in the interests of justice for Gattellari to be compelled to answer the questions; accordingly, the court will issue a certificate under s. 128 of the Evidence Act 1995 (NSW) at the conclusion of his evidence.

Court Disposition

Witness Gattellari is compelled to answer the questions and will be granted a certificate pursuant to s. 128 of the Evidence Act 1995 (NSW).

Orders

  • ['Gattellari will be compelled to answer the questions in court.' 'At the conclusion of his evidence, a certificate pursuant to s. 128 of the Evidence Act 1995 (NSW) will be granted to Gattellari.']