R v Coss (No 5) [2022] NSWSC 795

R v Coss (No 5) [2022] NSWSC 795

There were reasonable grounds for Mr Marle's objection to giving self-incriminating evidence, and it is in the interests of justice that he give evidence about events related to drug possession and use. As he willingly gave the evidence, he is to be provided with a certificate under s 128 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
02 June 2022
Procedural Posture
Criminal / Trial Procedural Ruling During Evidence
Outcome
Certificate granted under s 128 Evidence Act 1995 (NSW) to Scott Marle
Legal Topics
['privilege Against Self Incrimination' 'evidence' 'certificate Under S 128 Evidence Act 1995 (nsw)' 'drug Offences']
['criminal Law'] ['privilege Against Self Incrimination' 'evidence' 'certificate Under S 128 Evidence Act 1995 (nsw)' 'drug Offences']

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Procedural Posture

Criminal / Trial Procedural Ruling During Evidence

Legal Issues

  1. 1 ['Whether Scott Marle should be granted a certificate under s 128 of the Evidence Act 1995 (NSW) in relation to self-incriminating evidence about drug use/possession']

Ratio Decidendi

There were reasonable grounds for Mr Marle's objection to giving self-incriminating evidence, and it is in the interests of justice that he give evidence about events related to drug possession and use. As he willingly gave the evidence, he is to be provided with a certificate under s 128 of the Evidence Act 1995 (NSW).

Court Disposition

Certificate granted under s 128 Evidence Act 1995 (NSW) to Scott Marle

Orders

  • ['Mr Scott Marle to be provided with a certificate pursuant to s 128 of the Evidence Act 1995 (NSW).']