Opinion Evidence Flashcards
What is the general rule regarding opinion evidence?
Witnesses may not give opinions or inferences; they must stick to facts. Only the tribunal of fact should draw conclusions.
What case emphasized that witnesses testify only to facts, not opinions?
AG (Ruddy) v Kenny [1960] – Kingsmill Moore J.
When is expert opinion evidence admissible?
When the issue requires specialized knowledge beyond the understanding of the court or jury.
What case says experts assist the court, not dictate conclusions?
Davie v Magistrates of Edinburgh [1953].
What did Condron v ACC Bank [2012] clarify about expert evidence?
Experts must explain reasoning so the court can independently assess their conclusions.
What is the ‘ultimate issue’ rule in opinion evidence?
Experts were traditionally barred from testifying on issues the court must decide, but this rule is now mostly obsolete.
Can experts now comment on ultimate issues?
Yes, courts accept it provided reasoning is also supplied.
(McMullen v Farrell [1993], Karen Millen v Dunnes)
What factors affect the weight of expert evidence?
Qualifications, firsthand knowledge, thoroughness, consensus with other experts, and clarity of assumptions.
What case emphasized that DNA evidence is not infallible?
People (DPP) v Allen [2003].
What qualifies someone as an expert?
Qualifications, experience, or expertise giving authority.
(Galvin v Murray [2001])
What are some duties of an expert witness?
Be objective, stay within expertise, cooperate with peers, be transparent, and revise conclusions if needed.
(The Ikarian Reefer principles)
What must defence do under the Criminal Procedure Act 2010 when using expert evidence?
Notify prosecution at least 10 days in advance with expert’s name, address, and summary or report.
What does SI 254/255 of 2016 require in civil cases?
List expert evidence in Statement of Claim, limit to one expert per issue, and may require joint reports or debates.
How is foreign law proven in Irish courts?
As a matter of fact by expert testimony.
(O’Callaghan v O’Sullivan [1925]); judges must not research it independently.
When is non-expert opinion evidence admissible?
For observations like speed, age, condition, or ordinary experience, especially when it’s hard to separate fact and inference.
What case allowed non-expert opinions based on everyday observations?
AG (Ruddy) v Kenny.
What does s.3(2) Offences Against the State Act 1972 permit?
Garda Superintendent’s belief about unlawful organisation membership is admissible evidence.
What belief evidence is admissible under the Proceeds of Crime Act 1996?
Chief Superintendent’s belief in freezing applications.
(s.8)
What limitation is noted in Murphy v GM PB PC Ltd regarding s.8 POCA?
It allows belief evidence but does not reverse the burden of proof.
