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" ... does not in the opinion of the Court, understand the nature of an oath, the evidence of such child may be received though not given upon oath, if, in the opinion of the court, such child is possessed of sufficient intelligence to justify the reception... "
The Juvenile Court Record - Page 8
1908
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United States Supreme Court Reports, Volume 40

United States. Supreme Court - Law reports, digests, etc - 1896
...though not given under oath In any criminal proceedings. If, In the opinion of the court or magistrate, such child Is possessed of sufficient Intelligence to justify the reception of the evidence. But no person snail be held or convicted of an offense upon such testimony unsupported by other evidence....
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The Voice of the Child: A Handbook for Professionals

Ronald Davie, Graham Upton, Ved P. Varma - Social Science - 1996 - 179 pages
...Justice Lane it is up to the judge trying the case to decide whether the particular child in question is 'of sufficient intelligence to justify the reception...evidence and understands the duty of speaking the truth' (Spencer, 1 990) . He added that a child of five would come up to the required standard 'very rarely'....
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Elements of Child Law in the Commonwealth Caribbean

Zanifa McDowell - Law - 2000 - 322 pages
...Under this section, children of tender years may give evidence if in the opinion of the court he or she is possessed of sufficient intelligence to justify the reception of the evidence, and he or she understands the duty of speaking the truth.33 Under the Barbados Protection of Children Act,34...
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From Subjects to Citizens: A Hundred Years of Citizenship in Australia and ...

Pierre Boyer, Linda Cardinal, David John Headon - Political Science - 2004 - 328 pages
...of an oath, such evidence might be received "if, in the opinion of the court or justices such girl is possessed of sufficient intelligence to justify...evidence and understands the duty of speaking the truth." In such cases only, s.!3(2) provided: "But no person shall be liable to be convicted of the offence...
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