The distinction between a child's ability to discriminate between truth and lies (relevant to s 13(2)(a)) and understanding the obligation to give truthful evidence (relevant to s 13(1)) is confirmed. A trial judge's determination under s 13(1) is a matter of judgment involving assessment and impression, and it is not erroneous to consider a child's maturity provided incapacity is not presumed solely from age. The now-repealed s 13 provisions applied to hearings commencing before 1 January 2009.
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