Opinion Evidence

Question 1

Expert evidence admissible even if method not generally approved by others in field

Answer 1

Robb: expert on voice recognition but method not accepted as didn’t include acoustic analysis

Question 2

Experts not needed for areas which come within general experience of jury

Answer 2

Turner: expert evidence denied as q of provocation came within ordinary human experience

Question 3

Stockwell

Answer 3

Facial mapping as robber was clean shaven with glasses and wig and now had beard

Question 4

Psychiatric evidence may be admissible as to which coD more likely to be telling truth

Answer 4

Lowery

Turner: decided on special facts

Question 5

Expert evidence on mental disability may be admissible

Answer 5

Toohey: found by police in hysterical state. Mental state was admissible and relevant to credibility and fact in issue, whether assault had happened

Question 6

Ultimate issue rule

Answer 6

At common law prevented Ws testifying on matters properly belonging to jury
A&BC Chewing Gum: admissible but wouldn’t have been if only adults concerned. Corruption of cards on children

Question 7

Test for new areas of expertise

Answer 7

Whether it is within general experience of jury
Luttrell:
Evidence outside jury’s experience
Study gave opinion of expert authority those not so qualified lack
W qualified to express opinion
Judge gave appropriate warnings
Not necessary results should be verifiable under cross ex

Question 8

Gilfoyle

Answer 8

Psychological autopsy not admissible as no acceptable standards by which to assess work

Question 9

How is expert evidence given?

Answer 9

S 30(1) CJA 1988: exception to rule against hearsay for expert reports

Question 10

Procedure for conduct of expert Ws

Answer 10

Crim Procedure Rules 2012 Pt 33

Question 11

Tilley

Answer 11

Evidence on comparison of handwriting may be given by expect or lay person (s 8 CPA 1865) but judge should not invite jury to make comparison without expert guidance

Question 12

Expert need not have professional qualifications

Answer 12

Silverlock: solicitor allowed to give evidence on handwriting as was hobby

Question 13

Before admitting statistical generalisations in evidence, court should examine evidence carefully to make sure jury not misled

Answer 13

Expert evidence given that odds of two cot deaths by accident was greater than those of tipping grand national winner four years in row. Conviction overturned for murder.

Question 14

Where expert opinion seriously divided and no other evidence, pros should not be brought

Answer 14

Cannings: multiple cot deaths