High Court of Australia
Kaw Res ae,
622 HIGH COURT
[HIGH COURT OF AUSTRALIA.]
JOHN THOMAS RIDDLE "4 - 3 . APPEI AND THE KING 4 a é E ¢ . RESPOND!
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Criminal law—Evidence—Crimes Act 1900 (N.S. IW.) (No. 40), secs. 407*, Husband charged with wounding his wife—Objection by wife to give « implicating her husband—Whether wife compeliable witness—Statute—Co tion of consolidating Act—Appeal—Question of law arising on the trial- compelled to give evidence against her husband. :
Sec. 407 of the Orimea Act 1900 provides that the husband or wife of accused person in a criminal proceeding shall be competent but not cor able to give evidence in such proceeding in every Court.
Griffith C.J. Barton and O'Connor JJ.
Held, that assuming that at common law, where a husband was
in a criminal proceeding. But, sembde, in such a case the wife was n compellable witness at common law. :
R. v. Stocks, 5 8.R, (N.S.W.), 628, overruled on this point. Principles of construction of consolidating Act considered.
Where a wife objected to give evidence against her husband in a et proceeding in which he was charged with wounding her, and the p Judge erroneously ruled that she was a compellable witness on behalf
*Sec. 407 of the Crimes Act 1900 proceeding, inquiry, or arbitrati
provides :—'« Every party to a civil proceeding, inquiry in which evidence is or may be given, or arbitration, and the husband or wife of such party, shall be competent to give evidence in such
"Every accused person in a erim proceeding, and the husband ot of such person, shall be com|
not conipellable, to give evi such proceeding in every Coutt.
OF AUSTRALIA.
'on the trial which could be reserved on behalf of the accused for the ideration of the Supreme Court under sec. 428 of that Act.
ecision of the Supreme Court, 31st March 1911, reversed.
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