Expert Evidence Flashcards
Davie v Magistrates of Edinburgh
Lord president Cooper [40]:
- expert witness cannot usurp function of judge/jury
- duty to provide necessary scientific criteria for testing the accuracy of courts conclusions
- enable independent judgement
Pora v R
Expert witness should be careful to avoid supplanting the courts role as ultimate decision maker
Kennedy v Cordia services LLP
- lord reed and Rodger [49]
- fact finding judge cannot delegate the decision making role of the expert
National justice compania naviera v prudential
Duties of an expert:
- independent and Uninfluenced
- unbiased
- facts of assumption
- declare if outwith expertise
- if change view communicate this
- duty to the court
Gellately v laird
Obscene literature
Ingram v macari (no 2)
Obscene magazines
R v silver lock
Handwriting.
No minimum/standard level
White v HMA
Drug dosage expert
Wilson v hma
Seminars and discussion
Hainey v HMA
Toddler. The judge should have directed the jury to ignore evidence. Outwith.
Columbia steam navigation co v burns
In the absence of leading expert evidence the court could not draw the necessary inferences
Wilson v Murray
Necessity test:
- Subject matter must be necessary
- Recognise body of science/expertise
Myers, brangman and cox v the queen
Lord Hughes [58]:
-care must be taken that simple, and not necessarily balanced, anecdotal evidence is not permitted to assume the role of the expertise”
R v Bonython
Does the evidence assist the court?
Witness necessary knowledge
Witness impRtial?
Reliable body of knowledge
R v Turner
Lawton LJ:
If on the proven facts a judge or jury can form their own conclusions without help then the opinion of an expert is unnecessary
