The extent of the case that particular witness. as concerns party’s What party suggests about a evidence not the truth) so that the witness witness’s (e.g. it’s can respond. s 46 If not doneHigh party who failed to comply may recall witness, or judge will direct – jury to accept unchallenged evidence of witness. Privilege Self-incrimination s 132 If it appears to a court that a witness will make claim of privilege, must make witness – aware of obligations. s 187 claim privilege. – Corporations can’t s 131A Privilege can only be invoked when witness giving evidence in court. – s 128(1) Applies if witness objects to giving evidence that may tend to prove witness has – committed an offence, or liable for a civil penalty. (2) Court decides if there are reasonable grounds for objection. (3) If reasonable grounds: (a) choice to give evidence. Witness’s NOTE: If witness gives evidence waives right to privilege! Must answer all questions relevant to in in proceeding (10) ‘facts issue’ Includes circumstantial evidence (R v Cornwell) (b) Court requires witness to give evidence if interests of justice require it (N/A to foreign law). Examples: importance of evidence to case, nature of charges, interests of witness to own trial (if applicable), adequacy of certificate immunity, reliability of material evidence, interests of accused in obtaining fair trial (R v Lodhi).
The extent of the party’s case as concerns that particular witness. What party suggests about a witness’s evidence (e.g. it’s not the truth) so that the witness can respond. s 46 – If not doneHigh party who failed to comply may recall witness, or judge will direct jury to accept unchallenged evidence of witness. Privilege Self-incrimination s 132 – If it appears to a court that a witness will make claim of privilege, must make witness aware of obligations. s 187 – Corporations can’t claim privilege. s 131A – Privilege can only be invoked when witness giving evidence in court. s 128(1) – Applies if witness objects to giving evidence that may tend to prove witness has committed an offence, or liable for a civil penalty. (2) Court decides if there are reasonable grounds for objection. (3) If reasonable grounds: (a) Witness’s choice to give evidence. NOTE: If witness gives evidence waives right to privilege! Must answer all questions relevant to ‘facts in issue’ in proceeding (10) Includes circumstantial evidence (R v Cornwell) (b) Court requires witness to give evidence if interests of justice require it (N/A to foreign law). Examples: importance of evidence to case, nature of charges, interests of witness to own trial (if applicable), adequacy of certificate immunity, reliability of material evidence, interests of accused in obtaining fair trial (R v Lodhi).