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Australia privilege against self incriminationfundamental common law rights

Sorby v Commonwealth

(1983) 152 CLR 281
JurisdictionAustralia
CourtHigh Court of Australia
Year1983
StatusBinding authority

Key Principle

The common-law privilege against self-incrimination is a substantive right protecting persons from being compelled to give evidence tending to expose them to conviction. It can be abrogated by statute only by express words or necessary intendment.

Area of Law

evidence: privilege against self-incrimination

Related Cases

Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
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