R v Afu; R v Caleo (No 10) [2018] NSWSC 189

R v Afu; R v Caleo (No 10) [2018] NSWSC 189

Given the reasonable grounds for Mr Stambolis's objection and the critical importance of his evidence to the prosecution, it is in the interests of justice for him to give the required evidence, with a certificate under s 128(5) of the Evidence Act issued.

Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Criminal / Procedural Ruling
Outcome
Certificate under s 128(5) of the Evidence Act to be provided; witness required to give evidence.
Legal Topics
['privilege Against Self Incrimination' 'witness Evidence' 'certificate Under Evidence Act S 128']
['criminal Law' 'evidence'] ['privilege Against Self Incrimination' 'witness Evidence' 'certificate Under Evidence Act S 128']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Procedural Ruling

Legal Issues

  1. 1 ['Whether Anthony Stambolis may object to giving evidence on the ground of self-incrimination under s 128 of the Evidence Act 1995 (NSW)' 'Whether reasonable grounds exist for the objection to giving evidence' 'Whether it is in the interests of justice to require the witness to give evidence despite self-incrimination concerns']

Ratio Decidendi

Given the reasonable grounds for Mr Stambolis's objection and the critical importance of his evidence to the prosecution, it is in the interests of justice for him to give the required evidence, with a certificate under s 128(5) of the Evidence Act issued.

Court Disposition

Certificate under s 128(5) of the Evidence Act to be provided; witness required to give evidence.

Orders

  • ['Anthony Stambolis is required to give evidence in the trial of Mark Richard Caleo and Alani Afu concerning his knowledge of and involvement in events relating to the murders of Dr Michael Chye and Ms Rita Caleo.' 'Anthony Stambolis is required to give evidence as to his involvement in any other criminal activity...