R v RAG [2006] NSWCCA 343

R v RAG [2006] NSWCCA 343

The trial judge erred by considering irrelevant and extraneous matters, failed to properly apply the statutory test, and ignored evidence capable of establishing the complainant's competency under s 13 Evidence Act 1995; therefore, the decision that the complainant was not competent to give unsworn evidence must be set aside, and the Crown's appeal allowed.

Jurisdiction
Australia
Judgment Date
26 October 2006
Procedural Posture
Crown Appeal / Appeal From Interlocutory Judgment (competency Ruling) in District Court
Outcome
Appeal allowed; decision of Maguire DCJ is set aside.
Legal Topics
['witness Competency' 'child Witnesses' 'procedure for Unsworn Evidence' 'interlocutory Appeals']
['criminal Law' 'evidence Law'] ['witness Competency' 'child Witnesses' 'procedure for Unsworn Evidence' 'interlocutory Appeals']

Case Brief

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Procedural Posture

Crown Appeal / Appeal From Interlocutory Judgment (competency Ruling) in District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that the child complainant was not competent to give unsworn evidence under s 13(2) Evidence Act 1995' 'Whether the decision was an interlocutory judgment or order within s 5F(2) Criminal Appeal Act 1912']

Ratio Decidendi

The trial judge erred by considering irrelevant and extraneous matters, failed to properly apply the statutory test, and ignored evidence capable of establishing the complainant's competency under s 13 Evidence Act 1995; therefore, the decision that the complainant was not competent to give unsworn evidence must be set aside, and the Crown's appeal allowed.

Court Disposition

Appeal allowed; decision of Maguire DCJ is set aside.

Orders

  • ['Appeal allowed.' 'Decision of Maguire QC DCJ of 17 February 2006 is set aside.']