NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Pease v R [2009] NSWCCA 136
HEARING DATE(S): 1 May 2009 JUDGMENT OF: McClellan CJatCL at 17; Grove J at 1; Buddin J at 18
EX TEMPORE JUDGMENT DATE: 1 May 2009
DECISION: Appeal against conviction dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sexual offences against six year old child - Evidence - Investigation by judge whether child incapable of understanding obligation to give truthful evidence - Difference between that concept and knowledge of what is a lie and truth - Statutory test fulfilled - No error by judge
Crimes Act 1900 Criminal Procedure Amendment (Vulnerable Persons) Act 2007 LEGISLATION CITED: Evidence Act 1995 Evidence Amendment Act 2007 Evidence (Children) Act 1997
CATEGORY: Principal judgment
R v Brooks (1998) 44 NSWLR 121 CASES CITED : R v JTB [2003] NSWCCA 295 R v RAG [2006] NSWCCA 343
PARTIES: Christopher John PEASE - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2007/8921
COUNSEL: M Dennis - Applicant N Noman - Respondent/Crown
SOLICITORS: Legal Aid Commission - Applicant Solicitor for Public Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/51/0016
LOWER COURT JUDICIAL OFFICER: Solomon DCJ
LOWER COURT DATE OF DECISION: 25 January 2008
IN THE COURT OF CRIMINAL APPEAL CCA 2007/8921
McCLELLAN CJ at CL GROVE J BUDDIN J
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