Opinion Evidence (Ch. 9)

Question 1

evidence given by a witness that is based on conclusions in inferences drawn from facts or observations; generally, the witness is not permitted to state the conclusions or inferences themselves, only the observations

Answer 1

opinion evidence

Question 2

opinion given by an ordinary witness on a matter of ordinary experience

Answer 2

layperson’s opinion

Question 3

when is a layperson’s opinion admissible?

Answer 3

permitted where the opinion does not unnecessarily encroach on the trier of fact’s role

Question 4

What is the rule against opinion evidence?

Answer 4

opinion evidence is not admissible unless it is either the opinion of a layperson that is helpful for a clear understanding of their testimony or the opinion of an expert

Question 5

testimony in which the witness mixes opinion into their narrative in order to express themselves

Answer 5

compendious mode of expressing facts

Question 6

Graat v The Queen

Answer 6

• opinion of two police officers that the accused’s ability to drive had been impaired
• Non-expert witnesses may give evidence as to the degree of a person’s impairment
• Court considered the witness’s personal knowledge, the witness being in a better position to draw the inference, the witness has the necessary experience to draw the inference, and the opinion was a compendious mode and could not accurately describe the facts without opinion

Question 7

testimony given by a properly qualified person with specific expertise in an area that is in issue before the court

Answer 7

expert opinion