Lawbasic
In criminal proceedings, a spouse is generally both competent and compellable to give evidence for the prosecution when the defendant is charged with an offence of personal violence against that spouse.
Answer
True
Explanation
The notes expressly list offences of violence against the spouse, alongside offences against the spouse’s property, as cases where the spouse is both competent and compellable. They also refer more broadly to health, liberty, or person. **Key takeaway:** Violence against the spouse is one of the stated exceptions. **Glossary:** Compellable: legally required to attend or give evidence.
Related Questions
- A decree of judicial separation has the same legal effect as a decree of divorce in rendering a spouse competent to give evidence for the prosecution regarding events that occurred during the marriage.(advanced)
- Match each legal term regarding witness testimony to its correct definition: Terms: 1. Competency 2. Compellability 3. Contempt Definitions: A. Legal sanction or consequence for refusing to testify when lawfully required B. Legal capacity or fitness of a person to give evidence C. Legal obligation to attend court and give evidence(intermediate)
- Every compellable witness is competent, but not every competent witness is compellable.(basic)
- According to the notes, which considerations form the general competency test under section 175(1)? Select ALL that apply.(intermediate)
- A witness who is called to court solely to produce a document is generally not required to take an oath or make an affirmation.(basic)
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