NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Fang (No. 2) [2016] NSWSC 1784 Hearing dates: 11 November 2016 Date of orders: 11 November 2016 Decision date: 16 December 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Jian Feng Weng is competent to give sworn evidence. Catchwords: CRIMINAL LAW – murder trial - whether adult Crown witness competent to give evidence - witness found unfit to be tried in separate criminal proceedings - ss.12 and 13 Evidence Act 1995 - applicable principles on competence inquiry - presumption of competence not displaced - witness competent to give sworn evidence Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v The Queen [1994] HCA 41; 181 CLR 230 R v GW [2016] HCA 6; 90 ALJR 407 R v Presser (1958) VR 45 RJ v R [2010] NSWCCA 263; 208 A Crim R 174 SH v R [2012] NSWCCA 79; 83 NSWLR 258 The Recyclers (NSW) Pty Ltd v Ayoub [2016] NSWSC 144 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Zhen Fang (Accused) Representation: Counsel: Mr C Maxwell QC (Crown) Mr AJ Bellanto QC; Ms YC Lin (Accused) Mr PG Bolster; Ms M Bridgett (by leave) (Jian Feng Weng)
Solicitors: Office of the Director of Public Prosecutions (Crown) Andrew Scali (Accused) File Number(s): 2014/291301 Publication restriction: ---
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