R v Bellamy

Facts

The complainant in a sexual case had a mental age of about ten. The judge allowed her to be sworn without being satisfied that she understood the solemnity of the occasion and the added duty to tell the truth.

Issue

May a witness of limited understanding be sworn without the Hayes inquiry?

Held

No. The Court of Appeal held that the Hayes test had not been met. Understanding the duty to tell the truth had to be inquired into. It was not to be assumed from the fact that she answered questions.

Principle

A witness whose understanding is in doubt is sworn only if the judge is satisfied of the solemn duty to tell the truth. The inquiry is the judge's.

Why it matters

It is the application of Hayes to defective intellect. Hill is the older case, the other way, where the witness did understand.

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