R v Tt

[2009] QCA 199

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Relevance
4. › Evidence of other misconduct
5. › Whether record of interview and notice of caution relating to different offences admissible to prove criminal capacity
6. › Criminal Code 1899 (Qld), s 29(2)
1. Criminal Law
2. › General Matters
3. › Criminal Liability and Capacity
4. › Children
5. › Criminal capacity of child under 14
6. › Whether child had capacity to know he ought not do the act
7. › Whether basic understanding sufficient for offence of assault
8. › Criminal Code 1899 (Qld), s 29(2)
1. Criminal Law
2. › Appeal and New Trial
3. › Verdict Unreasonable or Unsupportable Having Regard to Evidence
4. › Whether trial judge's expressed concern about absence of apparent reason for conduct demonstrated evidence insufficient
5. › Whether evidence sufficient to establish two separate assaults

Quick Take

Evidence of a child's prior dealings with police, including records of interview and cautions relating to other misconduct, is admissible as relevant to proving criminal capacity under s 29(2) of the Criminal Code 1899 (Qld) where the child's admissions in those dealings demonstrate knowledge that violent conduct is wrong. The offence of assault requires only a basic level of understanding that the act ought not be done, and the absence of evidence of any disability denying capacity is a relevant consideration in assessing sufficiency of the prosecution's evidence of capacity.