Ku-ring-gai Council v John David Chia (No 5) [2018] NSWLEC 167

Ku-ring-gai Council v John David Chia (No 5) [2018] NSWLEC 167

There are no reasonable grounds on the present evidence to conclude that Mr McKenzie is at risk of self-incrimination as the limitation period for prosecuting any offence has elapsed; therefore, no notice or warning regarding the availability of a s 128 certificate is warranted.

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Criminal / Procedural Ruling During Witness Cross Examination
Outcome
Application to inform witness and provide s 128 certificate declined.
Legal Topics
['privilege Against Self Incrimination' 'issuing Certificates Under S 128 Evidence Act' 'limitation Periods for Offences' 'witness Rights']
['criminal Law' 'practice and Procedure'] ['privilege Against Self Incrimination' 'issuing Certificates Under S 128 Evidence Act' 'limitation Periods for Offences' 'witness Rights']

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Procedural Posture

Criminal / Procedural Ruling During Witness Cross Examination

Legal Issues

  1. 1 ['Whether a prosecution witness (Mr McKenzie) should be advised about the potential availability of a certificate under s 128 of the Evidence Act 1995 (NSW)' 'Whether reasonable grounds exist to justify an objection on the basis of self-incrimination under s 128 Evidence Act' 'Whether the limitation period for prosecuting Mr McKenzie has expired and thus whether self-incrimination is still a risk']

Ratio Decidendi

There are no reasonable grounds on the present evidence to conclude that Mr McKenzie is at risk of self-incrimination as the limitation period for prosecuting any offence has elapsed; therefore, no notice or warning regarding the availability of a s 128 certificate is warranted.

Court Disposition

Application to inform witness and provide s 128 certificate declined.

Orders

  • []