Lawintermediate
Under common law principles of evidence, in which of the following criminal proceedings is a spouse competent and compellable to testify against their accused partner?
Answer
Prosecutions involving an offence against the spouse's person, health, or liberty
Explanation
The notes identify offences against the spouse’s property and violence against the spouse, and state that the spouse is competent to testify where health, liberty, or person is involved. The rule is not a blanket permission for every criminal issue. **Key takeaway:** The listed exceptions protect specific interests of the spouse. **Glossary:** Liberty: freedom from unlawful restraint; person: bodily integrity or safety in the context of the notes.
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)
Want to practice more questions like this?
Join myBenkio free and practice past questions for your Nigerian university courses with AI explanations for every answer.
Start Practicing Free