R v Ogden - [1985] 1 NZLR 344

Criminal law — Evidence — Witness — Complainant in sexual case was a mentally retarded girl — Her actual age was 15 years but her mental age was in the range of 7 to 11 years — Before giving evidence, the girl did not take the oath but promised to tell the truth — Counsel for the accused then pointed out that as the girl was more than 12 the oath or affirmation could not be dispensed with — Judge discharged jury — Whether Judge should have directed an acquittal — Oaths and Declarations Act 1957, s 13.

Criminal law — Trial — Summing up — Lies — Whether there had been a misdirection on the question of lies.