Opinion Evidence Flashcards
What is the general rule as regards opinion evidence?
Witnesses can only give evidence of facts they personally perceived
What are the two exceptions to the general rule?
Non-expert exception and expert exception
What is the non-expert exception to opinion evidence?
A statement of opinion on any matter that does not require expertise, if made by as a way of conveying relevant facts personally perceived by them, is admissible as evidence of what the witness perceived
What is the expert exception to opinion evidence?
A statement of opinion on any relevant matter calling for expertise made by a witness qualified to give such an expert opinion is admissible
Who bears the burden of proving an expert’s opinion is admissible?
the party proffering the opinion
When is the non-expert opinion exception used?
e.g. when identifying someone (they can say it is them in their opinion and this is evidence of their opinion)
What power does the judge retain with regard to expert evidence?
power to remove expert status and limit evidence to factual matters
When is expert opinion inadmissible?
When it is unnecessary as the matter is within the experience and knowledge of the tribunal of fact
What is the rule on giving an opinion on ultimate issues?
They can be given, but should usurp the role of the fact finders
for instance, a psychologist can state that someone may have a propensity to make an unreliable confession, but cannot say certainly that it was
What is the experts duty?
To the court to further the overriding objective
Is the evidence of an expert accepted if uncontradicted?
No - the weight to give it is for the jury
But if it is rejected it must be so for a reason
