R v Bikic [2001] NSWCCA 537

R v Bikic [2001] NSWCCA 537

Where a witness has been convicted and not yet appealed, and there is no risk of further jeopardy, s 128(2) of the Evidence Act 1995 (NSW) does not preclude the Court from requiring the witness to answer questions, except as concerns any offences other than those already convicted of. Concerns about prejudice to a potential late appeal are not sufficient grounds for objection.

Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Criminal Appeal / Interlocutory Ruling During Appeal Hearing
Outcome
Objection to answering questions on ground of self-incrimination overruled, subject to particular objections.
Legal Topics
['self Incrimination' 'section 128 Evidence Act 1995 (nsw)' 'reasonable Grounds for Objection to Evidence']
['criminal Law' 'evidence Law'] ['self Incrimination' 'section 128 Evidence Act 1995 (nsw)' 'reasonable Grounds for Objection to Evidence']

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Procedural Posture

Criminal Appeal / Interlocutory Ruling During Appeal Hearing

Legal Issues

  1. 1 ['Whether a witness already convicted of an offence can reasonably object to giving evidence on the ground of self-incrimination under s 128 of the Evidence Act 1995 (NSW) in appellate proceedings.']

Ratio Decidendi

Where a witness has been convicted and not yet appealed, and there is no risk of further jeopardy, s 128(2) of the Evidence Act 1995 (NSW) does not preclude the Court from requiring the witness to answer questions, except as concerns any offences other than those already convicted of. Concerns about prejudice to a potential late appeal are not sufficient grounds for objection.

Court Disposition

Objection to answering questions on ground of self-incrimination overruled, subject to particular objections.

Orders

  • ['The witness (Mr Mackic) is required to answer questions within the identified areas except where a new, specific objection relates to an offence other than those already convicted of.']