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Competence and Compellability

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Full class notes for competence and compellability. 1. Evidence of Children and Persons with Impaired Mental Functioning in Certain Cases. 2. TheDefendant. 3. The Defendant’s Spouse and Family

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11 Pages Partial Study Notes > 2 Years old
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Competence and Compellability
Topics this document covers:
Evidence law Criminal Procedure Evidence Witness South African law Hearsay English law Law of evidence in South Africa Perjury in Nigeria
This is a Partial Set of Study Notes

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Topics this document covers:
Evidence law Criminal Procedure Evidence Witness South African law Hearsay English law Law of evidence in South Africa Perjury in Nigeria
Sample Text:
(Strong oral position) Competence • A witness is competent if that witness may lawfully be called to give evidence. • Competence may relate to: – the capacity to give evidence (e.g. children and the mentally disabled); and – Legal competence (e.g. the defendant). • Traditionally, people will not be competent to give evidence. • May loss a lot of evidence • Legal competence – because of his state, he cannot. – (Defendant) • Now, more flexible. S.12 Evidence Act 2008 (Vic) Except as otherwise provided by this Act-­‐ a) every person is competent to give evidence b) a person who is competent ...
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