R v Lewis (No 1) [2018] NSWDC 261

R v Lewis (No 1) [2018] NSWDC 261

The court found that the likely emotional harm to Ms Fauvette and her family outweighed the desirability of her giving evidence. There was other evidence available to the Crown and her evidence was not crucial.

Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Criminal / Evidentiary Objection Ruling
Outcome
Objection to giving evidence upheld
Legal Topics
['compellability of Witnesses' 'section 18 Evidence Act Objections' 'spousal Privilege' 'procedural Orders']
['criminal Law' 'evidence Law'] ['compellability of Witnesses' 'section 18 Evidence Act Objections' 'spousal Privilege' 'procedural Orders']

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Procedural Posture

Criminal / Evidentiary Objection Ruling

Legal Issues

  1. 1 ['Whether Ms Fauvette can be compelled to give evidence against the accused under s 18 of the Evidence Act 1995']

Ratio Decidendi

The court found that the likely emotional harm to Ms Fauvette and her family outweighed the desirability of her giving evidence. There was other evidence available to the Crown and her evidence was not crucial.

Court Disposition

Objection to giving evidence upheld

Orders

  • ['Ms Fauvette is not to be compelled to give evidence against the accused.']