What is the current state of the law regarding the admissibility of testimony from a five year old?
Alberta, Canada
The following excerpt is from R. v. K.L.P., 2009 ABCA 426 (CanLII):
However the evidence properly understood could possibly support a conviction. The test is whether the evidence is insufficient for a properly instructed jury, acting judicially, to reasonably come to a finding of guilt: Corbett v. The Queen, 1973 CanLII 199 (SCC), [1975] 2 S.C.R. 275. The testimony from the five year old, if believed, could have established all the elements of the offences. There is no legal issue raised regarding the admissibility of the child’s evidence. Therefore, an acquittal now is not warranted.
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