R v Hawkins (No 5) [2023] NSWSC 1497

R v Hawkins (No 5) [2023] NSWSC 1497

Where the accused is cross-examined about matters that may incriminate him, and the evidence is not to provide a direct defence but to rebut an inference of consciousness of guilt, and there are reasonable grounds for the objection, it is in the interests of justice for the accused to answer the questions but with the protection of a certificate under s 128 of the Evidence Act 1995 (NSW).

Parties
Prosecution: Rex; Accused: Jason Paul Hawkins
Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Criminal / Ruling on Objection During Trial
Outcome
Objection upheld; accused required to answer; certificate granted under s 128 Evidence Act 1995 (NSW)
Legal Topics
Privilege Against Self Incrimination, Certificate Under S 128 Evidence Act 1995 (nsw), Consciousness of Guilt, Cross Examination of Accused
Criminal Law Privilege Against Self Incrimination Certificate Under S 128 Evidence Act 1995 (nsw) Consciousness of Guilt Cross Examination of Accused

Case Brief

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Parties

Rex

Prosecution

Jason Paul Hawkins

Accused

Procedural Posture

Criminal / Ruling on Objection During Trial

Legal Issues

  1. 1 Whether the accused may object, on the grounds of privilege against self-incrimination, to answering questions in cross-examination about involvement in drug-related conduct
  2. 2 Whether a certificate under s 128 of the Evidence Act 1995 (NSW) should be granted to the accused if required to answer such questions

Ratio Decidendi

Where the accused is cross-examined about matters that may incriminate him, and the evidence is not to provide a direct defence but to rebut an inference of consciousness of guilt, and there are reasonable grounds for the objection, it is in the interests of justice for the accused to answer the questions but with the protection of a certificate under s 128 of the Evidence Act 1995 (NSW).

Court Disposition

Objection upheld; accused required to answer; certificate granted under s 128 Evidence Act 1995 (NSW)

Orders

  • Objection by accused to answering questions in cross-examination upheld.
  • Accused required to answer questions.