exclusive rules of evidence 3

Question 1

General admissibility of opinions Legislation and when opinion evidence is permissible (non expert)

Answer 1

S24 Evidence Act 06 A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived Under this section, witnesses are routinely permitted to give evidence concerning: - apparent age - identity, - physical and emotional state of people, - condition of articles (worn, used, or new), - speed, - whether a person is under the influence of drink.

Question 2

Qualification as an expert Legislation

Answer 2

S4 Evidence Act 2006 A person who has specialised knowledge or skill based on training, study or experience

Question 3

Expert Opinion If the evidence is opinion evidence, then in order to comply with s25, the opinion must

Answer 3

• Be that of an “expert” • Comprise “expert evidence”, and • Offer substantial help to the fact-finder in understanding other evidence or ascertaining any fact in the proceeding.

Question 4

The conduct of expert witnesses Principles - Experts must……

Answer 4

Qualifications • An expert must state his or her qualifications when giving evidence • The expert must not give opinion evidence outside his or her area of expertise • If an expert witness believes that his or her evidence might be incomplete or inaccurate without some qualification, that qualification must be stated Stated Explicitly • The facts, matters and assumptions on which opinions are expressed must be stated explicitly • The reasons for opinions given must be stated explicitly Other Dutys • An expert has an overriding duty to assist the Court impartially on relevant matters within the expert’s area of expertise, and • Any literature or other material used or relied on to support opinions must be referred to by the expert • An expert is not an advocate for any party.