R -v- STEVENSON [2000] WASCA 301
| (2000) 23 WAR 92 | |||
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 301 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:144/2000 | 15 SEPTEMBER 2000 | |
| Coram: | PIDGEON J WALLWORK J PARKER J | 18/10/00 | |
| 20 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Stay removed | ||
| PDF Version |
| Parties: | THE QUEEN JOSEPH GEORGE STEVENSON |
Catchwords: | Evidence Children and special witnesses Competency of 5-year-old child to give unsworn evidence Evidence pre-recorded for use at trial Whether competency to be determined at time of pre-recording Whether questions required to ascertain whether child can take the oath Evidence Act, s 106A, s 106S Criminal law and procedure Permanent stay on basis that pre-recorded evidence was inadmissible Whether evidence was admissible |
Legislation: | Acts Amendment (Evidence of Children and Others) Act 1992 Criminal Law Amendment Act 1885, 48 and 59 Vict, Ch 69 Evidence Act (No 2) 1976 Evidence Act 1906 (WA), s 100A(1), s 101, s 106A - S 106S Interpretation Act, s 18 |
Case References: | Cook v R [2000] WASCA 78 Lau v The Queen (1991) 6 WAR 30 R v Brasier (1779) I Leach's Crown Cases 199 Revesz v The Queen, unreported; CCA SCt of WA; Library No 960607; 18 October 1996 Vine v The Queen, unreported; CCA SCt of WA; Library No 950423; 8 August 1995 Gindrod v The Queen [1999] WASCA 44 Hamilton v The Queen, unreported; CCA SCt of WA; Library No 970082; 4 March 1997 R v Vincent (1990) 50 A Crim R 25 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- STEVENSON [2000] WASCA 301 CORAM : PIDGEON J
- WALLWORK J
PARKER J
- Appellant
AND
JOSEPH GEORGE STEVENSON
Respondent
Catchwords:
Evidence - Children and special witnesses - Competency of 5-year-old child to give unsworn evidence - Evidence pre-recorded for use at trial - Whether competency to be determined at time of pre-recording - Whether questions required to ascertain whether child can take the oath - Evidence Act, s 106A - 106S
Criminal law and procedure - Permanent stay on basis that pre-recorded evidence was inadmissible - Whether evidence was admissible
Legislation:
Acts Amendment (Evidence of Children and Others) Act 1992
Criminal Law Amendment Act 1885, 48 and 59 Vict, Ch 69
(Page 2)
Evidence Act (No 2) 1976
Evidence Act 1906 (WA), s 100A(1), s 101, s 106A - S 106S
Interpretation Act, s 18
Result:
Appeal allowed
Stay removed
Representation:
Counsel:
Appellant : Mr S P Pallaras QC
Respondent : Mr R E Lindsay & Ms B J O'Sullivan
Solicitors:
Appellant : State Director of Public Prosecutions
Respondent : Halperin Fleming Meertens
Case(s) referred to in judgment(s):
Cook v R [2000] WASCA 78
Lau v The Queen (1991) 6 WAR 30
R v Brasier (1779) I Leach's Crown…
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Details
- AGLC
- R v Stevenson [2000] WASCA 301
- Case
- [2000] WASCA 301
- Decision Date
CaseChat Overview and Summary
The case before the court involved the conviction of Stevenson, who was found guilty of multiple counts of indecent assault against a child. The child, who was five years old at the time of the offences, gave evidence through a pre-recorded video which was played at trial. The primary legal issues were whether the child was competent to give evidence under the Evidence Act, and whether her competency needed to be assessed at the time of the pre-recording or at the time of the trial. The court also considered whether the child was required to understand the obligation to tell the truth before being allowed to give evidence.
The court held that the child was competent to give evidence and that her competency was to be assessed at the time of the trial. The court found that the questions required to ascertain whether the child could take the oath were not necessary. The court noted that the Evidence Act does not require a child to understand the obligation to tell the truth before being allowed to give evidence. The court also held that the child's evidence was admissible and that the trial judge had not erred in admitting it. The court found that the pre-recorded evidence was admissible as it was relevant and probative of the charges against Stevenson.
The court found that the trial judge had erred in staying the proceedings on the basis that the pre-recorded evidence was inadmissible. The court held that the error was not such as to affect the fairness of the trial or the conviction. The court allowed the appeal and removed the stay, thereby allowing the conviction to stand.
The court held that the child was competent to give evidence and that her competency was to be assessed at the time of the trial. The court found that the questions required to ascertain whether the child could take the oath were not necessary. The court noted that the Evidence Act does not require a child to understand the obligation to tell the truth before being allowed to give evidence. The court also held that the child's evidence was admissible and that the trial judge had not erred in admitting it. The court found that the pre-recorded evidence was admissible as it was relevant and probative of the charges against Stevenson.
The court found that the trial judge had erred in staying the proceedings on the basis that the pre-recorded evidence was inadmissible. The court held that the error was not such as to affect the fairness of the trial or the conviction. The court allowed the appeal and removed the stay, thereby allowing the conviction to stand.
Orders
Orders of the court
Appeal allowed
Stay removed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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