Joey As A 9 Year Old Boy Essay

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it might be said I Competence & Compellability of Joey as a 9-Year Old Boy Section 12 of the Evidence Act provides the rules concerning the competence and compellability of witnesses that are called to adduce evidence for a party to a proceeding. The section states that ‘every person is competent to give evidence’ and that ‘a person who is competent to give evidence about a fact is compellable to give that evidence’. With regards to children, there is no blanket rule regarding the competence of children as a class, but issues may arise depending on the particular child. During the voir dire process, it was established that Joey is a 9 year old child that had intelligence and emotional development issues and attention deficit disorder. As such, Joey was considered to be incompetent to give sworn evidence, but competent to provide unsworn evidence. According to…show more content…
Whether a question will be disallowable will largely rely on whether the court is of the opinion that the question falls within the categories designated in the legislation. Some of the key categories include if a question is misleading or confusing, unduly annoying, intimidating, put to the witness in a manner or tone that is belittling or insulting. In Libke v The Queen, Heydon J highlighted that a cross-examination will be deemed improper if it is ‘calculated to humiliate, belittle and break the witness’ and if its tone is ‘often sarcastic, personally abusive and derisive.’ When Joey was being cross-examined by Fred’s counsel, it is easy to see how some of the questions may have come across as misleading, confusing or intimidating. Furthermore, as per s 41(2), the court needs to take into account that Joey is a 9 year old child with below average intelligence and emotional development for the purposes of subsection

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