Opinion evidence

Question 1

What is the key test for expert witnesses?

Answer 1

Kennedy v Cordia

Question 2

What are the four requirements of the test?

Answer 2

• Whether the expert evidence will assist the court in its task
• whether expert witness has necessary knowledge & experience
• Whether the witness is impartial
• Whether there is reliable body of evidence to underpin expert’s evidence

Question 3

Which case did not allow expert witness to give evidence because they deemed it to be on ‘ordinary matters of human behaviour’?

Answer 3

HMA v Grimmond

Question 4

Which case stated that experts must not usurp the function of the court? Should not give opinion on issues of court.

Answer 4

Davie v Magistrates of Edinburgh

Question 5

Which modern case confirms the dicta of Davie by not allowing police officer to answer whether he thought accused were acting in concert?

Answer 5

Fraser

Question 6

Which case confirms that experts must have neccesary knowledge & experience? (they did not)

Answer 6

Hainey

Question 7

Which case states that only pyschiatrist can give expert evidence on substances induced mental disorder?

Answer 7

Graham v HMA

Question 8

Which case states that the expert need not have formal qualification?

Answer 8

White v HMA

Question 9

Which case is authority on impartiality? objective unbiased opinion.

Answer 9

Wilson v HMA

Question 10

Which case is authority on reliable body of knowledge? established science

Answer 10

Young v HMA (case linkage)