Regina v JTB [2003] NSWCCA 295

Regina v JTB [2003] NSWCCA 295

Because the child complainant was neither sworn nor affirmed, and there was no lawful finding of incapacity to be sworn or proper inquiry under s13 of the Evidence Act, her statements did not constitute admissible evidence. The trial was not conducted according to law, requiring the convictions to be set aside and a new trial ordered.

Parties
Respondent: Regina; Applicant: JTB
Jurisdiction
Australia
Judgment Date
03 October 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following Jury Trial
Outcome
Appeal allowed; convictions and sentences quashed; new trial ordered
Legal Topics
Competency of Child Witnesses, Admissibility of Evidence, Swearing/affirmation of Witnesses
Criminal Law Competency of Child Witnesses Admissibility of Evidence Swearing/affirmation of Witnesses

Case Brief

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Parties

Regina

Respondent

JTB

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following Jury Trial

Legal Issues

  1. 1 Whether the unsworn evidence given by an 8-year-old complainant constituted admissible evidence under the Evidence Act
  2. 2 Whether the statutory and common law requirements for witness competency, oath, or affirmation were fulfilled at trial

Ratio Decidendi

Because the child complainant was neither sworn nor affirmed, and there was no lawful finding of incapacity to be sworn or proper inquiry under s13 of the Evidence Act, her statements did not constitute admissible evidence. The trial was not conducted according to law, requiring the convictions to be set aside and a new trial ordered.

Court Disposition

Appeal allowed; convictions and sentences quashed; new trial ordered

Orders

  • Convictions quashed
  • Sentences quashed