JSB171 Lecture Notes - Lecture 1: New South Wales Bar Association, Fide, Fiduciary
Document Summary
Cannot call witnesses except in exceptional circumstances: damic (unrepresented accused refusing to call evidence of insanity judge called in psychiatrist) apostilides (1984) (rape witness with the man & woman immediately beforehand not called by prosecution convicted. Mere failure to call by prosecution not enough: a failure by the crown to call a witness will only be grounds to set aside conviction if it amounts to a miscarriage of justice. In civil cases the court may call witnesses: r391(1) ucpr: and give directions about examination (c, x, r): r391(2) ucpr, and make orders on their expenses: r391(3) ucpr. Concern over how judicial behaviour affects the image of the legal profession in the community. Churchill: judges must live up to higher and more rigorous standards than other citizens. More liberal view balance between need to maintain dignity and integrity of their office and still have a personal life. Some consider need to be among community necessary that judges can make judgements on.
