Question
Advise the parties in the following scenario. Mawson was arrested for car theft and his accomplice, Terry, was arrested for 'receiving' the stolen car. Terry
Advise the parties in the following scenario.
Mawson was arrested for car theft and his accomplice, Terry, was arrested for 'receiving' the stolen car. Terry opted to plead guilty on the understanding that he would not receive a custodial sentence if he testified at Mawson's trial following his not-guilty plea. Terry was given a suspended prison term but when he appeared at Mawson's trial, he denied any involvement in the robbery and refused to testify against Mawson. Mawson is alleging that on the day of the robbery, he was at home with his wife Anna and never left the house.
Mawson had earlier told his wife who happened to be a solicitor that he had stolen a car and he regretted the action, but he needed her to help him with his alibi defence.
- Assuming Mawson gives evidence in his defence, can he refuse cross-examination by raising the defence on privilege against self-incrimination?
Queensland law
Evidence Act 1977 (Qld)
Evidence Act 1995 (Cth)
also can use case law
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