Opinion Evidence. Flashcards
1
Q
What must an expert witness have?
A
Special skill and knowledge.
2
Q
What is fact?
A
What the witness observed or did.
3
Q
What is opinion?
A
An inference from observation.
4
Q
When is expert evidence admissible (and cases)?
A
- Relevant. Barry George.
- Helpful (necessary). Turner.
- Expert must be competent.
- Scientific evidence = “sufficiently reliable basis to be admitted.”
- non-scientific evidence = “based on a balanced body of specialist knowledge, not available to tribunal of fact.” R v Myers.
5
Q
What is meant by helpfulness (and case)?
A
- Helps judge or jury.
- If they can conclude without help, expert not needed.
- necessary to give “substantial help to the trier of fact.” R v Pora.
6
Q
What is the question of competence (and case)?
A
Is he skilled? Does he have adequate knowledge? - Silverlock.
7
Q
What is the Reed Test (and case)?
A
Whether sufficiently reliable to be relevant/helpful/competent. - Reed v Reed.
8
Q
What does the Criminal Procedure Rules 2020 say?
A
An expert must help the court by giving opinion which is objective, unbiased and within their area of expertise.
