R v Hill

Facts

A patient in a lunatic asylum was called as a witness. He understood the nature of the oath and the duty to tell the truth. The objection was that his confinement, by itself, made him incompetent.

Issue

Is a person of unsound mind incompetent as a witness?

Held

No. The Court for Crown Cases Reserved held that he was competent. The question is whether he understands the oath and can give a rational account, not whether he is detained as a lunatic.

Principle

Defective intellect does not disqualify a witness who understands the obligation to tell the truth.

Why it matters

The modern test is Hayes, not the religious form of the oath. Bellamy is the case where that test was not met.

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