R v Ronald Edward Medich (No. 40) [2018] NSWSC 374

Rocky Gattellari is competent to give evidence because, although he suffers from memory impairment due to Alzheimer's disease, he has the capacity to understand questions and give answers that can be understood. Issues of reliability of those answers are for the jury, not determinative of competence under s 13 of the Evidence Act 1995 (NSW).

Parties: Prosecution: Regina (Crown); Accused: Ronald Edward Medich
Jurisdiction: Australia
Judgment Date: 23 March 2018
Procedural Posture: Criminal / Competency Hearing (evidentiary Ruling During Trial)
Outcome: Witness (Rocky Gattellari) found competent to give evidence.
Legal Topics: Witness Competence, Witness Compellability, Alzheimer's Disease and Capacity, Section 13 Evidence Act 1995 (nsw)

Criminal Law Evidence Witness Competence Witness Compellability Alzheimer's Disease and Capacity Section 13 Evidence Act 1995 (nsw)

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Parties

Regina (Crown)

Prosecution

Ronald Edward Medich

Accused

Procedural Posture

Criminal / Competency Hearing (evidentiary Ruling During Trial)

Legal Issues

1 Whether witness (Rocky Gattellari) diagnosed with Alzheimer's disease is competent to give evidence under s 13 Evidence Act 1995 (NSW)

Ratio Decidendi

Court Disposition

Witness (Rocky Gattellari) found competent to give evidence.

Orders

Rocky Gattellari is competent to give evidence before the jury in the accused's trial.