R v Fang (No. 2) [2016] NSWSC 1784

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

Crimes Act 1900 - Criminal Procedure Act 1986 - Evidence Act 1995 - Mental Health (Forensic Provisions) Act 1990

Madeleine Bridgett appeared as amicus curiae for the witness.