Question 5 (15 marks) In a criminal trial, the prosecution calls a witness, David, to testify against the defendant, Sarah, who is charged with theft. David is a close friend of Sarah and has known her for many years, However, David has a history of mental health issues and has been diagnosed with schizophrenia. Despite his mental health condition, David claims to have witnessed Sarah committing the theft and is willing to testify against her. Sarah's lawyer mises concerns about David's competency to testify under oath due to his mental health condition. Question: Discuss the concept of oath competence in evidence law and its significance in determining the admissibility of testimony. Evaluate the factors that a court may consider when assessing a witness's competence to testify under oath. Analyse the implications of David's mental health condition on his competency to testify and consider the arguments that both the prosecution and the defence may present regarding David's competence. Finally, discuss the potential rulings that the court may make regarding David's testimony and their impact on the trial proceedings. (15 marks) Question 6 (15 marks) In a criminal trial, the prosecution calls a witness, Jack, to testify against the defendant, Emma, who is charged with assault. Jack is a friend of Emma but has had a falling out with her recently. When Jack takes the stand, he appears reluctant to provide testimony that supports the prosecution's case. Instead, he gives evasive answers, contradicts earlier statements he made to the police, and seems generally uncooperative. The prosecution requests the court to declare Jack as a hostile witness. Question: Discuss the concept of a hostile witness in evidence law and its implications for trial proceedings. Evaluate the criteria that a court typically considers when determining whether a witness should be declared hostile. Analyse the factors that may lead the prosecution to request Jack's classification as a hostile witness and the potential benefits and challenges associated with such a classification Finally, discuss the strategies that the prosecution and the defence could employ when examining Jack as a hostile witness and the impact of his testimony on the outcome of the trial. [15 marks)