NSW Caselaw
Reported Decision: 175 A Crim R 221
New South Wales Court of Criminal Appeal
CITATION: RA v R NON PUBLICATION ORDER [2007] NSWCCA 251
HEARING DATE(S): 6 August 2007
JUDGMENT DATE: 21 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 15; Harrison J at 16
DECISION: 1. Grant leave to appeal; 2. Dismiss the appeal.
CATCHWORDS: CRIMINAL LAW – Evidence Act 1995 (NSW) s 13 – Evidence (Children) Act 1997 (NSW) s 9 – record of an interview – sound recording – admissibility – competent to give evidence at the trial – competence at the time a person is called to give evidence – presumed to be competent – neither the defence nor prosecution carries an onus of proving lack of competence – whether the Court is satisfied – the Court may inform itself as it thinks fit– balance of probabilities
Evidence (Children) Act 1997 LEGISLATION CITED: Criminal Appeal Act Evidence Act 1995
R v Ellis (2003) 58 NSWLR 700 CASES CITED: R v T (1998) 102 A Crim R 222 R v Yacoob (1981) 92 Cr App R 313
PARTIES: RA (Appl) The Crown
FILE NUMBER(S): CCA 2007/3311
COUNSEL: C T Loukas/I H Nash (Appl) D C Frearson SC (Crown)
SOLICITORS: Aboriginal Legal Service (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/71/0119
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 23 May 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3311
McCLELLAN CJ at CL HOWIE J HARRISON J
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