In the recent case of R v DAI, 2012 SCC 5 the Supreme Court tackled the issue of what test and standard is to be applied under section 16(3) - testimony on promise to tell the truth - in the context of sexual assault charges. The complainant in that matter was 22 years of age at the time she testified at trial, however, she had the mental age of a three to six year old. At trial her capacity to testify was challenged. After an inquiry the trial judge refused to permit her to testify. Ultimately, DAI was acquitted. The Crown appealed unsuccessfully to the Ontario Court of Appeal: 2010 ONCA 133. The Crown pursued an appeal to the Supreme Court.