Lawbasic

When does the notes’ rule treat a person of unsound mind as incompetent to testify?

Answer

Only when mental infirmity prevents understanding questions and giving rational answers

Explanation

Section 155(2), as quoted in the notes, makes the functional effect of mental infirmity decisive. A diagnosis alone is not enough; the condition must prevent the witness from understanding questions and furnishing rational answers. **Key takeaway:** Assess the effect of the condition on testimony, not the label alone. **Glossary:** Mental infirmity: a mental condition that may affect a person’s ability to understand or respond.

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