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.
Reasons for the decision can be found here.