Lawintermediate
A spouse is called by the accused to give defence evidence. Which rule best matches the notes?
Answer
The spouse is competent and compellable for the accused.
Explanation
The notes state that the spouse of an accused is a competent and compellable witness for the accused when called by the accused. This is distinct from the special restrictions described for a spouse giving evidence for the prosecution. **Key takeaway:** The capacity to testify for the defence is expressly recognized in the notes. **Glossary:** Spouse: a person in the relevant marital relationship described by the material.
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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