A judge presiding over the pre-recording of a child's evidence must direct inquiries specifically to the two statutory criteria in s 9B(2) of the Evidence Act 1977 (Qld) — whether the child understands that giving evidence is a serious matter and that there is an obligation to tell the truth over and above the ordinary duty — before concluding the child cannot give sworn evidence. Inquiries about religious knowledge or church attendance do not satisfy the statutory test. Failure to comply with s 9B(2) is a fundamental procedural flaw that renders the trial not conducted according to law and precludes application of the proviso in s 668E(1A). Where a witness gives evidence of a complainant's changed demeanour and that demeanour is not linked by the complainant's own evidence to the offence, the trial judge must direct the jury that the demeanour evidence cannot corroborate or independently support the complainant's evidence.
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