JSB171 Lecture Notes - Lecture 1: Extortion, Common Assault, Mercedes-Benz W140
Document Summary
Knows evidence is serious competent under oath. Child victim of sexual / violent offences (s21aa) video link etc. Children or likely to be intimidated etc (s21a) exclude people etc. Child or victim of certain offences (s21m) no xe by accused. Accused competent but not compellable (not competent for r) Spouse competent & compellable (no privilege) Counsellors competent & compellable (no privilege) Aboriginal, esl, sex-related cases special provisions. Whether competent or compellable = collateral facts to be proven before the judge in a voir dire competent = may be called to give evidence compellable = obliged to give evidence. Self-incrimination (accused does not have to answer questions that will incriminate themselves) General rule every person, including a child, is presumed to be competent: s9 qea. Witnesses competent if able to give an intelligible account of the events: s9a(2) Sworn | unsworn evidence: competent to give evidence under oath if understands (s9b(2) (especially with chn))
