The defendant had married the complainant only two days before he was to face trial for assaulting her. The House considered whether she was compellable as a witness against him as his wife.
Held: A spouse ought not to have been compelled to give evidence against her husband who was charged with wounding her with intent to do grievous bodily harm.
Lord Wilberforce said: ‘a wife is in principle not a competent witness on a criminal charge against her husband. This is because of the identity of interest between husband and wife and because to allow her to give evidence would give rise to discord and to perjury and would be, to ordinary people, repugnant. Limited exceptions have been engrafted on this rule, of which the most important, and that now relevant, relates to cases of personal violence by the husband against her. This required that, as she is normally the only witness and because otherwise a crime would go without sanction, she be permitted to give evidence against him. But does this permission in the interest of the wife, carry the matter any further, or do the general considerations, arising from the fact of marriage and her status as a wife, continue to apply so as to negative compulsion? . . My Lords, after careful consideration I have reached the conclusion . . that the wife should be held non-compellable.’
Judges:
Lord Wilberforce
Citations:
[1979] AC 474
Jurisdiction:
England and Wales
Cited by:
Cited – J and B CA 7-Nov-2002
The Crown prosecution service sought judicial review of a decision by the registrar of marriages to celebrate the marriage between the parties. He was due to face trial for murder, and she was to give evidence against him.
Held: The registrar . .
Cited – RL v Regina (Evidence of wife) CACD 7-May-2008
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 14 May 2022; Ref: scu.235943
