R v Fang (No. 2) [2016] NSWSC 1784

R v Fang (No. 2) [2016] NSWSC 1784

The presumption that Mr Weng was competent was not displaced. The evidence of Dr Furst and Dr Adams confirmed that Mr Weng had capacity to understand all questions relevant to the trial and to reply to them responsively, and his treated mental health issues did not adversely affect his competence to give evidence. He was therefore competent to give sworn evidence at the Accused's trial.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal Murder Trial / Pretrial Competence Inquiry and Ruling Under S.189(1)(c) Evidence Act 1995
Outcome
Jian Feng Weng is competent to give sworn evidence.
Legal Topics
['competence and Compellability of Witnesses' 'competence to Give Sworn Evidence' 'witness Found Unfit to Be Tried in Separate Proceedings' 'sections 12 and 13 Evidence Act 1995']
['criminal Law' 'evidence'] ['competence and Compellability of Witnesses' 'competence to Give Sworn Evidence' 'witness Found Unfit to Be Tried in Separate Proceedings' 'sections 12 and 13 Evidence Act 1995']

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Procedural Posture

Criminal Murder Trial / Pretrial Competence Inquiry and Ruling Under S.189(1)(c) Evidence Act 1995

Legal Issues

  1. 1 ["Whether Jian Feng Weng was competent to give evidence as a Crown witness in the Accused's murder trial." 'Whether Jian Feng Weng was competent to give sworn evidence notwithstanding that he had been found unfit to be tried in separate District Court proceedings.']

Ratio Decidendi

The presumption that Mr Weng was competent was not displaced. The evidence of Dr Furst and Dr Adams confirmed that Mr Weng had capacity to understand all questions relevant to the trial and to reply to them responsively, and his treated mental health issues did not adversely affect his competence to give evidence. He was therefore competent to give sworn evidence at the Accused's trial.

Court Disposition

Jian Feng Weng is competent to give sworn evidence.

Orders

  • ['Jian Feng Weng is competent to give sworn evidence at the trial of the Accused.']