Opinion Evidence

Question 1

What is opinion evidence?

Answer 1

SST. Inferences and conclusions made from observing evidence

Question 2

General rule

Answer 2

Opinion evidence is generally inadmissible.

Question 3

Exceptions to the opinion evidence rule

Answer 3

1. Evidence of an appropriately qualified person expert- Expert opinion evidence
2. Evidence of a non-expert or lay person.

Question 4

Rationale for the exclusionary nature of the general rule.

Answer 4

1. When its reception would not assist and might even mislead the court.
2. When its admission usurps the role of the court and the mandate of the judicial officers.

Question 5

Expert evidence

Answer 5

Folkes v Chadd- sst -
- Knowledge will benefit the court.
- Witness is determined to be a qualified expert.
- In the field of competence of the said expert.

Question 6

R v Turner

Answer 6

Expert evidence is given to furnish the court with information for sst matters.
Set out precedence on whether the court actually needs the assistance.

Question 7

Duty of the opposing counsel.

Answer 7

To test the veracity of the expert statement and qualify the opinion. Failure to which may result in the exclusion of the evidence.

Question 8

Battle of the experts

Answer 8

Solved by believability.

Question 9

Section 54

Answer 9

Opinion evidence must be based on admissible evidence otherwise it is worthless.

Question 10

Relation to the hearsay rule

Answer 10

Opinion evidence falls under the exceptions to the general rules of hearsay as the expert is allowed to apply reasonings from other written material and link those reasonings with conclusions drawn from observing the evidence in the case.

Question 11

R v Steven Abadom

Answer 11

The expert must make a link between the experience and other works with the evidence within the case.