R v Walker (No 3)

In this case, the respondent was charged with perjury during the committal process for a criminal case. The applicant sought to use a s 128 certificate to allow the respondent to give evidence without the risk of self-incrimination. The issue before the court was whether a s 128 certificate could be given in respect of alleged perjury committed on committal. The court was required to determine the scope of section 128 of the Evidence Act 1995 (NSW) and whether it applied to the situation presented. The court examined the language of the statute, the legislative history, and relevant case law to determine the meaning of the section. Ultimately, the court held that the section was not limited to evidence given at trial, and therefore a s 128 certificate could be given in respect of alleged perjury committed on committal. The applicant was granted leave to appeal the decision.

The court held that section 128 of the Evidence Act 1995 (NSW) was intended to protect witnesses from self-incrimination, and that the section applied to all stages of a criminal proceeding, including committal. The court found that the language of the section was broad and did not limit its application to evidence given at trial. The court also noted that the section was part of a broader legislative scheme aimed at protecting witnesses from self-incrimination, and that a narrow interpretation of the section would defeat the purpose of the scheme. The court further found that the legislative history did not support a narrow interpretation of the section, and that the section should be given its plain meaning. The court rejected the respondent's argument that the section was limited to evidence given at trial, and held that the section applied to all stages of a criminal proceeding. The court found that the applicant was entitled to a s 128 certificate, and that the respondent could give evidence without the risk of self-incrimination. The court granted leave to appeal the decision.