The Judicial College of Victoria added commentary regarding the law of privilege to its Uniform Evidence Manual yesterday. It discusses Divisions 1 -4 of Part 3.10 of the Evidence Act 2008.
All practitioners in the summary jurisdiction (and elsewhere) need to become familiar with the operation of immunity certificates under s 128, a major change from the Evidence Act 1958. The interplay of these provisions with other sections of the Evidence Act 2008 such as ss 18 and 38 probably isn’t fully understood.
The Criminal Charge Book has also added new chapters.
Can a defendant give evidence and then apply for a certificate when he is crossexamined abut the offence he has been charged with?
Can a defendant give evidence and then apply for a certificate when he is crossexamined abut the offence he has been charged with?
No, the statute doesn't allow for it.Section 128(10) provides that in a criminal proceeding this section does not apply to the giving of evidence by an accused if it relates to the doing of an act or having a state of mind which is a fact in issue. An accused can claim a certificate in some circumstances, but not for the charge(s) that are the subject of the hearing.
No, the statute doesn't allow for it.Section 128(10) provides that in a criminal proceeding this section does not apply to the giving of evidence by an accused if it relates to the doing of an act or having a state of mind which is a fact in issue. An accused can claim a certificate in some circumstances, but not for the charge(s) that are the subject of the hearing.