R v Paines

Facts

A witness was brought to court so drunk that he could not understand the proceedings. The case was adjourned until he was sober.

Issue

May a witness be sworn while he is too drunk to understand the oath?

Held

Not while he is in that state. The result is an adjournment, not a finding that a person who has been drunk is forever incompetent.

Principle

A witness who does not understand the proceedings is not sworn. If the incapacity will pass, the court waits.

Why it matters

Stretton is the related case, where the incapacity was illness and the judge was entitled not to recall the witness.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.