A witness who has already been convicted of the relevant offences cannot claim the privilege against self-incrimination under s 128 of the Evidence Act 1995 (NSW) in respect of those offences, because there are no reasonable grounds for the objection where the convictions stand unimpugned. The possibility of a future appeal does not alter this position, because evidence given in other proceedings that tends to prove guilt cannot be used against the witness on appeal where there has been a substantial miscarriage of justice. The Evidence Act 1995 (NSW), including s 128, applies to proceedings in the Court of Criminal Appeal.
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