Oppinion Evidence

Question 1

what are the two types of evidence led in court?

Answer 1

evidence of fact

evidence of opinion

Question 2

does a skilled witness need to be an expert in their field?

Answer 2

no, a skilled witness can be a drugs police specialist or social worker.

Question 3

what case drew the distinction between a skilled evidece of fact and opinion evidence?

Answer 3

Kennedy v Cordia. drew the distinction where if the witness gives evidence of background information or giving his opinion based on factual evidence of others.

Question 4

what tests did the curt set out in the above case? what is the case called?

Answer 4

kennedy v Cordia
health and safety an area of proper area of expertise?

whether the evidence is

1. necessary (if opinion evidence)/helpful( if skilled evidence)
2. whether the witness has the necessary knowledge and experience
3. whether the witness is impartial in the presentation and assesment of evidence.
4. whether there is a reliable body of knowledge or experience to underpin the evidence.

Question 5

can the expret comment on what they think about the case? the ultimate issue rule?

Answer 5

no- a witness cannot comment on the facts of the case. they do not know what the whole case is about.

Question 6

can the expret comment on what they think about the case? the ultimate issue rule?
what case demonstrated this?

Answer 6

no- a witness cannot comment on the facts of the case. they do not know what the whole case is about.

ingram v macari- showed that it was up to the jury and judge whether the magazines were obscene or not. their opinion was that the magazines were not bad enough to corrupt those reading them.