R v Walker (No 3) [2017] NSWSC 1025

R v Walker (No 3) [2017] NSWSC 1025

A s 128 certificate could be granted in respect of evidence concerning alleged perjury committed on committal. Perjury is an offence under Australian law, giving the witness a right under s 128(1) to object to answering questions tending to prove it. The broad terms of s 128(1), the statutory purpose of obtaining relevant evidence while counterbalancing abrogation of the right to silence, the absence of an express exception for earlier perjury, and s 128(8) meant that s 128(7) should not be construed to exclude alleged committal perjury from the certification process. The Court was satisfied that Mr Smith had reasonable grounds for objection and that the interests of justice required that...

Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Criminal Proceeding / Procedural Ruling During Evidence
Outcome
Section 128 certificates granted.
Legal Topics
['self Incrimination' 'section 128 Certificate' 'perjury on Committal' 'construction of Evidence Act 1995 (nsw) S 128']
['criminal Law' 'evidence'] ['self Incrimination' 'section 128 Certificate' 'perjury on Committal' 'construction of Evidence Act 1995 (nsw) S 128']

Case Brief

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Procedural Posture

Criminal Proceeding / Procedural Ruling During Evidence

Legal Issues

  1. 1 ['Whether a certificate under s 128 of the Evidence Act 1995 (NSW) could be given in respect of alleged perjury committed on committal.' 'Whether Mr Smith had reasonable grounds to object to giving evidence about alleged perjury and related matters.' 'Whether the interests of justice required Mr Smith to give the evidence despite his objection.']

Ratio Decidendi

A s 128 certificate could be granted in respect of evidence concerning alleged perjury committed on committal. Perjury is an offence under Australian law, giving the witness a right under s 128(1) to object to answering questions tending to prove it. The broad terms of s 128(1), the statutory purpose of obtaining relevant evidence while counterbalancing abrogation of the right to silence, the absence of an express exception for earlier perjury, and s 128(8) meant that s 128(7) should not be construed to exclude alleged committal perjury from the certification process. The Court was satisfied that Mr Smith had reasonable grounds for objection and that the interests of justice required that...

Court Disposition

Section 128 certificates granted.

Orders

  • ['Mr Smith was given a s 128 certificate in respect of the assault.' 'Mr Smith was given a second s 128 certificate in respect of his police statement and alleged perjury in the Local Court during the committal proceedings.']