[...] v The Queen (1991) 58 A Crim R 390. R v Brooks (1998) 44 NSWLR 121. R v Brown [1977] Qd R 220. R v Hayes [1977] 1 WLR 234. R v Hellwig [2007] 1 Qd R 17. R v Starrett (2002) 82 SASR 115 [...]
[...] 186. R v Ford (CA 260/2004; Court of Appeal, 5 May 2006, unreported); [2006] QCA 142. R v Keenan (2009) 236 CLR 397. R v Markuleski (2001) 52 NSWLR 82. R v Perera [1986] 1 Qd R 211. R v Tichowitsch [...]
[...] trial. [1], [39], [77]. Lau v The Queen (1991) 58 A Crim R 390, 395, 419, 420, 421 – 422; R v Brooks (1998) 44 NSWLR 121, 122, 124, 125, 126; R v Starrett (2002) 82 SASR 115, 119, 120, 121 applied. (3) [...]
[...] Criminal Code . [1], [57], [77]. S v The Queen (1989) 168 CLR 266, 277, 282 applied. R v Brown [1977] Qd R 220 distinguished. Per Chesterman JA (Keane JA and Ann Lyons J agreeing): It may be surmised [...]
[...] Tichowitsch [2007] 2 Qd R 462. R v Wilton [1946] QWN 19. Robinson v The Queen (1999) 197 CLR 162. Shepherd v The Queen (1990) 170 CLR 573. Tully v The Queen (2006) 230 CLR 234. Wilkshire v [...]
[...] deposition. This was not a decision of the Court of Criminal Appeal so its utility is limited. In R v Brown [1977] Qd R 220 the Court of Criminal Appeal held that a judge had erroneously administered an oath to [...]
[...] approach has been adopted in New South Wales in R v Brooks (1998) 44 NSWLR 121, 122, 126 and in Western Australia in Lau v The Queen (1991) 58 A Crim R 390, 398, 426–427. However, some assistance may [...]
[...] kind, in the trial process which leads inevitably to the quashing of any convictions. See R v Hellwig [2007] 1 Qd R 17. [37]Sections 9, 9A and 9B have much the same features as the sections of div 4A. They [...]
[...] she must speak the truth. [42]Senior counsel for the Crown referred to the authority of R v Brown [1977] Qd R 220 in aid of the submission that the court should apply the proviso in s 668E(1A) of the [...]
[...] unsworn evidence, departed from the common law. At common law testimony could only be received on oath: R v Starrett (2002) 82 SASR 115, 119 [13]. When the complainant was called she was presumed to be competent [...]
[...] be gained from considering cases where there was a failure to comply with a similar obligation. In R v Wilton [1946] QWN 19 a magistrate failed to satisfy himself that the witness understood her liability [...]
[...] and considered that a re-trial had to be ordered. Insofar as interstate authority is concerned, in R v Starrett the judge failed to determine whether the witness could give sworn evidence and, when the [...]
[...] not have had regard to it. [19]The submission is supported by authority and should be accepted. [20] R v Brooks (1998) 44 NSWLR 121 concerned s 13 of the Evidence Act 1995 (NSW). It provided that a person [...]
[...] explanation or admonition of some kind to the witness the explanation or admonition must be given. [26] R v Starrett (2002) 82 SASR 115 was a similar case. Section 9 of the Evidence Act 1929 (SA) provided [...]
[...] that can be regarded as a mere matter of form.” [31]The case of Lau v The Queen (1991) 58 A Crim R 390 is to the same effect. The case was one of unlawful and indecent assault upon an 18 year old woman [...]
[...] oath unless it appears that he has sufficient knowledge of the nature and consequences of an oath: R v Brasier … Willes CJ … said that ‘nothing but the belief in a God and that He will reward or punish [...]
[...] above the ordinary duty to tell the truth”. [52]The new test appears to have come from the judgment of R v Hayes [1977] 1 WLR 234 in which the witnesses to alleged indecent acts committed by the accused were [...]