Australian Crime Commission v Stoddart: Rule against spousal incrimination abrogated; Right to silence struck down

The High Court today upheld the appeal in Australian Crime Commission v Stoddart [2011] HCA 47, ruling that there is no rule against spousal incrimination at common law.

The Respondent, Louise Stoddard, had had refused to answer questions relating to her Husband’s activities asked of her by an investigator of the Australian Crime Commission on basis of the common law rule against spousal incrimination.  

 The Federal Court had previously ruled that the Australian Crime Commission Act 2002 (Cth) did not abrogate the common law rule against spousal incrimination, but the High Court did not need to consider that argument as it ruled that no such common law rule existed in the first place.  

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Read full case here.