Tom Meehan

The accused was charged with two counts of mischief to property and one count of assault.

The defence brought an application to find the complainant (the accused's spouse) incompetent to testify on the mischief charges.

The court held that while a spouse is generally incompetent to testify against the other spouse, exceptions exist where the charge involves the person, liberty, or health of the witness spouse.

The court found that the mischief charges, arising from separate incidents and not involving threats or violence to the spouse's person, liberty, or health, fell outside the exception.

The spouse was therefore found incompetent to testify on the mischief charges.