HCA: no privilege against spousal incrimination at common law

Australian Crime Commission v Stoddart [2011] HCA 47 (30 November 2011)

I refer you to the judgment summary for ease of reference.  The majority of the court: French CJ and Gummow J, together with Crennan, Kiefel and Bell JJ reviewed the common law at length and found no privilege against spousal incrimination existed at common law.

Heydon J dissented and likewise reviewed the common law, including the Queensland Court of Appeal decision of Callanan v B [2004] QCA 478, which had found such a privilege existed.

Brisbane Barrister – David Cormack

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