M, R. v

M, R. v

The judge's ruling that KW was not a competent witness was reasonably open to him on the evidence, given KW's severe language and comprehension difficulties and the inability to ensure fair challenge by the defence, even with special measures.

Source-derived case information.

Parties
Prosecution: Regina; Defendant: M
Jurisdiction
England and Wales
Judgment Date
04 November 2008
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
appeal dismissed
Legal Topics
Competence of Witness, Special Measures, Sexual Offences, Child Witness, Exclusion of Evidence
Criminal Law Competence of Witness Special Measures Sexual Offences Child Witness Exclusion of Evidence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

M

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the child complainant KW was a competent witness under section 53 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the judge's ruling excluding KW's evidence and interview was reasonable

Ratio Decidendi

The judge's ruling that KW was not a competent witness was reasonably open to him on the evidence, given KW's severe language and comprehension difficulties and the inability to ensure fair challenge by the defence, even with special measures.

Court Disposition

appeal dismissed

Orders

  • defendant acquitted of counts 3 and 4 pursuant to section 61(3) Criminal Justice Act 2003