R v Ronald Edward Medich (No. 42) [2018] NSWSC 379

R v Ronald Edward Medich (No. 42) [2018] NSWSC 379

A witness compelled to attend court pursuant to an order under s 77 of the Crimes (Administration of Sentences) Act 1999 (NSW) is competent and compellable, and it is open to that witness to invoke the privilege under s 128 of the Evidence Act 1995 (NSW) in evidence in chief.

Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
It is open to McNamara to avail himself of the provisions of s 128 of the Act.
Legal Topics
['privilege Against Self Incrimination' 'compellability of Witnesses']
['criminal Law' 'evidence'] ['privilege Against Self Incrimination' 'compellability of Witnesses']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether a witness attending under an order (not subpoena) can invoke s 128 privilege against self-incrimination in evidence in chief']

Ratio Decidendi

A witness compelled to attend court pursuant to an order under s 77 of the Crimes (Administration of Sentences) Act 1999 (NSW) is competent and compellable, and it is open to that witness to invoke the privilege under s 128 of the Evidence Act 1995 (NSW) in evidence in chief.

Court Disposition

It is open to McNamara to avail himself of the provisions of s 128 of the Act.

Orders

  • ['McNamara may object to questions in evidence in chief under s 128 of the Evidence Act 1995 (NSW)']