Part 3.3 - Opinion Evidence

Question 1

Section 76 - The opinion rule

Answer 1

Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed (are you adducing the opinion evidence to prove the truth of the opinion?)

Question 2

What is an opinion?

Answer 2

An inference from facts that the former of the opinion has saw heard or otherwise perceived

Question 3

Section 77 - Exception—evidence relevant otherwise than as opinion evidence

Answer 3

Opinion rule does not apply to evidence of an opinion that is admitted because it is relevant for a purpose other than proof of the existence of a fact about the existence of which the opinion was expressed.

Question 4

Section 78 - Lay opinion

Answer 4

Lay opinion evidence will be admissible if:

(a) Opinion is based on what the person saw, heard or otherwise perceived about a matter or event; and
(b) Evidence of the opinion is necessary to obtain an adequate understanding or account of the person’s perception of matter or event (eg. speed, drunkenness etc.)

Question 5

Section 78A - ATSI traditional laws and customs

Answer 5

The opinion rule does not apply to evidence of an opinion expressed by a member of an Aboriginal or Torres Strait Islander group about the existence or non-existence, or the content, of the traditional laws and customs of the group.

Question 6

Section 79 - Expert opinion

Answer 6

Expert opinion is admissible where:

(1) Person has specialised knowledge based on training, study or experience; and the opinion is based wholly or substantially on that knowledge.
(2) To avoid doubt, and without limiting subsection (1)—
(a) a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their development and behaviour during and following the abuse); and
(b) a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of the kind referred to in paragraph (a), a reference to an opinion relating to either or both of the following—
(i) the development and behaviour of children generally;
(ii) the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.