RA v R NON PUBLICATION ORDER [2007] NSWCCA 251

RA v R NON PUBLICATION ORDER [2007] NSWCCA 251

The competence of a child witness is presumed unless proven otherwise; the trial judge need not be satisfied beyond reasonable doubt as to the child's competence at the time of interview if the issue is their competence at trial. The trial judge correctly applied the statutory scheme and no error was shown.

Source-derived case information.

Parties
Applicant: RA; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
21 August 2007
Procedural Posture
Criminal Appeal / Leave to Appeal and Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Competence of Child Witnesses, Admissibility of Evidence, Burden of Proof, Presumption of Competence
Criminal Law Evidence Competence of Child Witnesses Admissibility of Evidence Burden of Proof Presumption of Competence

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Parties

RA

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Determination of Appeal

Legal Issues

  1. 1 Whether the competence of the child complainant to give evidence must be determined at the time of the interview or at the time of giving evidence at trial
  2. 2 Who bears the onus of proving lack of competence of a child witness
  3. 3 Admissibility of the audio recording of complainant's interview under Evidence (Children) Act 1997 s 9

Ratio Decidendi

The competence of a child witness is presumed unless proven otherwise; the trial judge need not be satisfied beyond reasonable doubt as to the child's competence at the time of interview if the issue is their competence at trial. The trial judge correctly applied the statutory scheme and no error was shown.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • No publication of the name of the appellant or identifying material.
  • Appellant to be referred to as 'RA'.