The s 106B(3) competence inquiry for child witnesses does not require open-ended questions about the purpose and seriousness of the particular trial; a structured inquiry testing comprehension, understanding of rules, ability to distinguish truth from falsehood, and understanding of the obligation to tell the truth in court provides a sufficient factual foundation. The fact that offences are not isolated may be considered as a surrounding circumstance relevant to personal deterrence and protection of the public without offending the De Simoni principle. The Court identified but left open the question whether the s 106B(3) competence condition must be satisfied before the child gives evidence at trial.
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