The King v Brasier
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1815 |
| Date | 01 January 1815 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 202
THE COURT OF KING'S BENCH
S. C. 1 East, P. C. 443, Bull. N. P. 293, Edit 1790. Referred to, R v Guttridge, 1840, 9 C. & P. 471; R v Paul, 1890, 25 Q B. D 202; R v. Lillyman, [1896] 2 Q. B. 167.
case XCVIII the Kmo v brasier (An infant witness under seven years of age, if apprized of the nature of an oath, must be sworn_, for no testimony is legal except it be given upon oath ) [S. C. 1 East, P. C. 443, Bull. N. P 293, Edit 1790. Referred to, R v GnUndge, 1840, 9 C. & P 471 ; R v Paul, 1890, 25 Q B. D 202 ; R v. Ltllyman, [1896] 2 Q. B. 167.] This was a case reserved for the opinion of the Twelve Judges, by Mr Justice Buller, at the Spring Assizes for Reading, in the year 1779, on the trial of an indictment [200] for an assault with intent to commit a rape on the...
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Dick et Al v R
...dealing with the point raised, here, by the appellants. 24 First, the position in England, where as long ago as 1779, in R. v. Brasier, 168 E.R. 202, it was held that competence to give evidence depends not on age but upon understanding of an oath; that there is no fixed limit of age under ......
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Southern Health Board v CH
...High Court, Costello P., 18th January, 1996). Mapp (a minor) v. Gilhooley [1991] 2 I.R. 253; [1991] I.L.R.M. 695. R. v. Brasier (1779) 1 Leach 199. R. v. Burke (1912) 47 I.L.T.R. 111. R. v. Khan [1990] 2 S.C.R. 531. State (D. and D.) v. Groarke [1990] 1 I.R. 305; [1990] I.L.R.M. 130. Case S......
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R v Hester ; DPP v Hester
...of an oath, whether through infancy or defect of intellect, was incompetent to testify in either civil or criminal proceedings. ( R. v. Brasier 1779 1 Leach 199). If the incompetence of a witness for this or any other reason did not appear until after his evidence had been given, it was the......
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Re H (A Minor); Re K (Minors) (Child Abuse: Evidence)
...was four. The competency of a child to give evidence in civil proceedings is governed by the common law. Since the decision in R. v. Brasier (1779) 1 Leach 199, the unsworn evidence of a child is not admissible. A child under seven is unlikely to be sworn even if the parent or, in this inst......
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Evidence
...affirmation. 9 2 See chapter 9, section F. 3 Maden v. Catanach (1861), 7 H. & N. 360, 158 E.R. 512. 4 R . v. Brasier (1779), 1 Leach 199, 168 E.R. 202. 5 R.S.C. 1985, c. C-5; R . v. Krafchenko (1914), 6 W.W.R. 836 (Man. K.B.). 6 R . v. Kelly (1917), 54 S.C.R. 220. 7 R . v. Bluske , [1948] ......
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Evidence
...9 2 Below chapter 9, section F. 3 Maden v. Catanach (1861), 7 H. & N. 360, 158 E.R. 512. 4 R . v. Brasier (1779), 1 Leach 199, 168 E.R. 202. 5 R.S.C. 1985, c. C-5; R . v. Krafchenko , [1914] 6 W.W.R. 836 (Man. K.B.). 6 R . v. Kelly (1917), 54 S.C.R. 220. 7 R . v. Bluske , [1948] 1 D.L.R. 84......
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Children's evidence - making a case for the adoption of the english criminal justice acts in Caribbean Jurisdictions
...of competency and that above which he was regarded competent to testify on oath was put by some judges at 14. 6 If a child of tender 1 (1779) 1 Leach 199. 2 R. v. Dunne (1929) 99 L.J. K.B. 117. 3 R. v. Reynolds [1950J 1 K.B. 606. 4 [1977] 1 W.L.R. 234. 5 See: The Evidence of Children: The L......