Regina v Ronen & Ors [2004] NSWSC 1290

Regina v Ronen & Ors [2004] NSWSC 1290

The interests of justice require Mr Segal to give evidence about the pending charges against him, as cross-examination on these matters is relevant and has substantial probative value for the issue of his credibility, crucial for the accused's fair trial; the witness will be given a certificate under s 128 of the Evidence Act as protection.

Jurisdiction
Australia
Judgment Date
01 April 2004
Procedural Posture
Criminal / Ruling on Objection to Questions During Basha Inquiry
Outcome
objection overruled; witness required to answer questions; certificate to be given under s 128 Evidence Act
Legal Topics
['self Incrimination Privilege' 'witness Credibility' 'admissibility of Evidence' 'interests of Justice' 'certificates Under S 128 Evidence Act']
['criminal Law' 'evidence Law'] ['self Incrimination Privilege' 'witness Credibility' 'admissibility of Evidence' 'interests of Justice' 'certificates Under S 128 Evidence Act']

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Procedural Posture

Criminal / Ruling on Objection to Questions During Basha Inquiry

Legal Issues

  1. 1 ['Scope of Basha inquiry' 'Witness privilege against self-incrimination under s 128 Evidence Act' 'Admissibility of cross-examination on pending charges for credibility' 'Whether interests of justice require witness to give evidence']

Ratio Decidendi

The interests of justice require Mr Segal to give evidence about the pending charges against him, as cross-examination on these matters is relevant and has substantial probative value for the issue of his credibility, crucial for the accused's fair trial; the witness will be given a certificate under s 128 of the Evidence Act as protection.

Court Disposition

objection overruled; witness required to answer questions; certificate to be given under s 128 Evidence Act

Orders

  • ['Witness Segal is required to answer the question objected to and further questions on the same subject matter, subject to individual objections under s 135 Evidence Act.' 'The Court will give a certificate to the witness in respect of that evidence under s 128 Evidence Act.']