Parliamentary record : Part I debates (02 October 1990)
Debates for 5th Assembly 1987 - 1990; ParliamentNT; Parliamentary Record; 5th Assembly 1987 - 1990
Made available by the Legislative Assembly of the Northern Territory
Northern Territory Legislative Assembly
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Legislative Assembly of the Northern Territory
DEBATES - Tuesday 2 October 1990 It was held that the Court of Appeal was correct in mai nta in i ng that whether an undertaking to direct a stay of future proceedings was binding on the Crown was immaterial because such an undertaking would always be honoured and that its importance lay in its practical effect on the state of mind of the accomplice when giving evidence. Accordingly, the appeal was dismissed. There is a power whi ch has been upheld by the courts and the Pri vy Council and, of course, that is as high as it is possible to go. An undertaking regarding prosecution or immunity from prosecution can be given by a Crown law officer and it is sufficient to provide that immunity. That is quite clear from what has been said. That is the immunity in relation to the letter that was tabled and it is in accordance with that particul ar finding by the Privy Council. Motion agreed to; the Assembly adjourned. 10 723
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