Opinion

Question 1

What does R v Runjanji say?

Answer 1

The law jealously guards the role of the jury, or the court where it is the trier of facts.
Allowing witnesses to give opinion evidence is seen as contradicting the function of the trier of fact.

Question 2

Section 76 Opinion rule says what?

Answer 2

Opinion evidence is not admissible.
If opinion contained in a certificate or other document made under other acts which provides it is admissible, sub section 1 doesn’t apply.

Question 3

Three tips for determining opinion evidence?

Answer 3

Greater the measure of judgement.
Greater the doubt in reaching the conclusion.
Greater the scope for error.

Question 4

What Section 77 say about opinion evidence?

Answer 4

Same as section 60, Opinion rule does not apply if admitted for purpose other than for for the proof of the existence of a fact.

Question 5

What does Section 78 say about Opinion evidence when it is Lay Opinion?

Answer 5

Opinion rule does not apply if:
If the opinion was based on what the person saw, heard or otherwise perceived about the matter.
Evidence is necessary to obtain adequate account, ie puts evidence into context.

Question 6

What does R v Panetta say in addition to Section 78 when a Lay Opinion is offered?

Answer 6

There must exist a rational basis.

Th person must be able to offer valuable opinion, and be better equip then the jury to give the opinion.

Question 7

Summaries Section 78 Lay Opinion rule.

3 points.

Answer 7

Must have rational basis.
Opinion is based on what was perceived first hand.
Court requires the opinion to reach an adequate account.

Question 8

What does Section 79 say about Specialized knowledge?

Answer 8

Opinion rule does not apply if the evidence is based wholly or substantially on knowledge through:
Training, study or experience.

Question 9

What is the two part test of Section 79?

Answer 9

Person has specialized knowledge based on training, study or experience.
Opinion is based wholly or substantially on this.

Question 10

What does the ALRC report 26 say about specialized knowledge?

Answer 10

Experience was included to emphasis that experience can be a sounder basis for opinion than study.

Question 11

Weal v Bottom says what about specialized knowledge?

Answer 11

The witness has no formal qualification but possessed wealth of experience.

Question 12

What is the meaning of Ad Hoc expert?

Answer 12

Expert for the specific situation.
ie, voice identification for telephone intercept.
R v Nguyen.

Question 13

What does Section 177 allow with expert evidence?

Answer 13

The evidence may be tendered through a signed certificate made by a person.

Question 14

What are the requirement for Section 177 expert certificates to be tendered at court?

Answer 14

It must be signed.
State persons name and address
States that the person has specialized knowledge Based on training, study or experience.
Sets out an opinion based on knowledge.
Assumed facts are to be incorporated in.

Question 15

What are additional requirements for a Section 177 expert certificate to be served?

Answer 15

Must serve on each party in the matter the certificate and a notice of intention to tender the certificate.
Must be done 21 days before the hearing.
Court may direct different period on application.

Question 16

JP v DPP requires what in Section 177 certificates?

Answer 16

The certificate must have the assumed facts incorporated or the methodology for reaching such opinion.

Question 17

What does the case of Regina v Brian John Welsh say?

Answer 17

History provided to doctor to enable his opinion is admissible for purpose of showing how the opinion was reached but not for the purpose of establishing the history is true.

Question 18

Section 110 says what regarding Opinion evidence?

Answer 18

Hearsay, Opinion, Tendency and credibility rules do not apply on evidence which goes towards defendant being usually of a good or bad character or character in certain respect.