LAW4323 Study Guide - Final Guide: Voir Dire, Indictable Offence
Document Summary
The witness is presumed to be competent (s 12(a)) Note also: accused not competent for the prosecution (s 17). Consider s 18(7) factors: nature and gravity of the offence (s 18(7)(a), nature of the r"ship (s 18(7)(d)) Is other ev reasonably available? (s 18(7)(c): e. g: married for 10 years, had a child (khan, disclose a matter that d gave in confidence? (s 18(7)(e), e. g: infidelity (khan) Note also: d not compellable for p (s 17, co-accused not compellable for or against co-accused unless tried separately (s 17) Pre-recording of ws evidence in chief (criminal procedure act division 5) [w] is a child/is cognitively impaired [because ], and we have a sexual offence/an indictable offence involving assault/injury/threat of injury [namely ]. Therefore, [w] may give evidence in chief in the form of an av recording (ss 366-367). Special hearings for complainants (criminal procedure act division 6) [w] is the complainant and is a child/cognitively impaired [because ].
