Opinion Flashcards
Court’s view on Opinion and case?
R v Runjanji &; Kotinnen.
The law jealously guards the role of the jury or the Court where it is the trier of facts.
To allow witnesses to give evidence of opinion has been seen by common law as usurping function of the jury or judge.
Section 76 Evidence Act?
The opinion rule
76 (1)?
The starting point is that opinion for the purpose of what the opinon was expressed about is not admissible.
76 (2)?
opinion contained in a document or certificate made under regulations of another act, and has evidentiary value under that act, is admissible.
76 (2) examples?
Fass Certificate
257 Certificate
How to determine if its a fact or opinion? JDE
- The greater the measure of judgement required;
- The greater the doubt in coming to a particular conclusion of fact, and
- The greater the scope in error,
The more likely the tribunal of fact will conclude the evidence to be opinion.
(The more interpretation, the more likely it is an opinion).
S 77?
Evidence relevant otherwise than as opinion evidence.
Explain S 77?
Opinion rule does not apply to evidence of an opinion if it is used for a purpose other than proof of the existence of a fact the opinion was expressed about. (Like s60)
S 78?
Exception rule for lay opinions
78 (1)?
Opinion rule doesnt apply to evidence of an opinion expressed by a person if;
a) Opinion based on what person saw, heard or otherwise perceived about a matter or event AND
b) Evidence of opinion is necessary to obtain an adequate account or understanding of the persons perception of the matter or event.
What must always apply for opinion evidence?
S 55, must be relevant. Must always be rational basis for the opinion.
Case on rational basis for opinion?
R v Panetta.
Person giving opinion must be able to offer a valuable opinion, and be better equipped than a member of the jury to form the particular opinion.
Recap on s 78?
- Must be relevant - S55
- Opinion must have rational basis.
- Based on what person saw, heard, otherwise perceived (first hand)
- Court cannot receive an adequate account of persons perception by merely giving the facts.
(R v Panetta)
S 79?
Exception: Opinions based on specialist knowledge
What is specialist knowledge based on?
Their training, study or experience.