Wright v Clarkson [2000] NSWSC 669

Wright v Clarkson [2000] NSWSC 669

The respondent's assertion of privilege against self-incrimination could not constitute a lawful excuse under s42(1) of the Coroners Act 1980 for refusing to take the oath or affirmation at an inquest. The privilege may be invoked against particular questions, and its validity and bona fides may need to be determined under oath or affirmation, but it does not permit a witness to refuse to be sworn. No other lawful excuse was raised, so the magistrate erred in dismissing the information.

Jurisdiction
Australia
Judgment Date
10 August 2000
Procedural Posture
Appeal by Way of Stated Case From Dismissal of an Information for an Offence Under S42(1)(a) of the Coroners Act 1980 / Appeal From North Sydney Local Court to the Supreme Court of New South Wales, Common Law Division
Outcome
Appeal allowed and matter remitted to the magistrate to be dealt with according to law.
Legal Topics
['privilege Against Self Incrimination' 'refusal to Take Oath or Affirmation at an Inquest' 'lawful Excuse Under S42(1) of the Coroners Act 1980' 'appeal by Stated Case']
['evidence' 'criminal Procedure' 'coronial Law'] ['privilege Against Self Incrimination' 'refusal to Take Oath or Affirmation at an Inquest' 'lawful Excuse Under S42(1) of the Coroners Act 1980' 'appeal by Stated Case']

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Procedural Posture

Appeal by Way of Stated Case From Dismissal of an Information for an Offence Under S42(1)(a) of the Coroners Act 1980 / Appeal From North Sydney Local Court to the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ['Whether a claim of privilege against self-incrimination can amount to a lawful excuse under s42(1) of the Coroners Act 1980 for refusing to take the oath or affirmation as a witness at an inquest.' 'Whether a witness summoned to an inquest may claim a blanket exemption from giving evidence rather than objecting to particular questions.' 'Whether the magistrate erred in dismissing the information on the basis that the appellant had not proved absence of lawful excuse.']

Ratio Decidendi

The respondent's assertion of privilege against self-incrimination could not constitute a lawful excuse under s42(1) of the Coroners Act 1980 for refusing to take the oath or affirmation at an inquest. The privilege may be invoked against particular questions, and its validity and bona fides may need to be determined under oath or affirmation, but it does not permit a witness to refuse to be sworn. No other lawful excuse was raised, so the magistrate erred in dismissing the information.

Court Disposition

Appeal allowed and matter remitted to the magistrate to be dealt with according to law.

Orders

  • ['Appeal allowed.' 'Matter remitted to the learned magistrate to be dealt with according to law.' 'Parties to be heard on costs.']