R v Coss (No 7) [2022] NSWSC 797

R v Coss (No 7) [2022] NSWSC 797

The court determined there were reasonable grounds for Mr Stonestreet's objection to giving evidence as it may incriminate him under drug offences, and thus a certificate under s 128 Evidence Act 1995 (NSW) should be provided, having ensured the witness understood its effect.

Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Criminal Trial / Witness Evidence and Procedural Ruling
Outcome
Certificate granted pursuant to s 128 of Evidence Act 1995 (NSW) to witness Robert Stonestreet.
Legal Topics
['privilege Against Self Incrimination' 'murder' 'provision of S 128 Certificate']
['criminal Law' 'evidence'] ['privilege Against Self Incrimination' 'murder' 'provision of S 128 Certificate']

Case Brief

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Procedural Posture

Criminal Trial / Witness Evidence and Procedural Ruling

Legal Issues

  1. 1 ['Whether Mr Stonestreet is entitled to a certificate under s 128 Evidence Act 1995 (NSW) for privilege against self-incrimination during evidence relating to drug offences']

Ratio Decidendi

The court determined there were reasonable grounds for Mr Stonestreet's objection to giving evidence as it may incriminate him under drug offences, and thus a certificate under s 128 Evidence Act 1995 (NSW) should be provided, having ensured the witness understood its effect.

Court Disposition

Certificate granted pursuant to s 128 of Evidence Act 1995 (NSW) to witness Robert Stonestreet.

Orders

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