Riddle v R [1911] HCA 33
Section 407 of the Crimes Act 1900 (NSW) unambiguously provides that a wife is competent but not compellable to give evidence against her husband in criminal proceedings. There is no statutory or common law basis to compel her testimony where she objects. The trial judge erred in compelling the wife to give evidence; the conviction should be set aside.
- Parties
- Appellant: John Thomas Riddle; Respondent: The King
- Jurisdiction
- Australia
- Judgment Date
- 04 August 1911
- Procedural Posture
- Criminal Appeal / High Court Appeal From Supreme Court of New South Wales
- Outcome
- appeal allowed; conviction set aside
- Legal Topics
- Competency and Compellability of Spouses as Witnesses, Statutory Interpretation, Crimes Act 1900 (nsw) S 407
Case Brief
Summary, issues, holding and outcome
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Parties
John Thomas Riddle
Appellant
The King
Respondent
Procedural Posture
Criminal Appeal / High Court Appeal From Supreme Court of New South Wales
Legal Issues
- 1 Whether, under s 407 Crimes Act 1900 (NSW), a wife is compellable to give evidence against her husband in a criminal proceeding where he is charged with wounding her
- 2 Whether the trial judge erred in compelling the wife to give evidence against her husband
Ratio Decidendi
Section 407 of the Crimes Act 1900 (NSW) unambiguously provides that a wife is competent but not compellable to give evidence against her husband in criminal proceedings. There is no statutory or common law basis to compel her testimony where she objects. The trial judge erred in compelling the wife to give evidence; the conviction should be set aside.
Court Disposition
appeal allowed; conviction set aside
Orders
- Conviction quashed
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