The Exclusive Rules of Evidence Pt 2 Flashcards
WHAT MUST THE EXPERT DEMONSTRATE TO THE COURT?
That he or she has the requisite qualification to be deemed “expert” in the field in question
Focus of hearsay rule
Focus is on the purpose for the evidence being offered rather than it was made out of court.
Section 17 - General exclusionary rule for hearsay
Hearsay evidence that would be admissible under other provisions in the Act must comply with the hearsay rules, unless operation of the hearsay rule is expressly excluded.
Section 18 - General admissibility for hearsay
A hearsay statement is admissible in any proceeding if:
- the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and either—
- the maker of the statement is unavailable as a witness; or
- the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.
What are the two criteria for admissibility under Section 18 ?
- reliability, and
- unavailability, or that “undue expense or delay would be caused”.
Define ‘reasonable reassurance’
Evidence must be reliable enough for the fact-finder to consider it, and draw its own
conclusions as to the weight to be placed on the evidence.
Section 23 - the opinion rule
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 or 25.
Define opinion
A statement of opinion that tends to prove or disprove a fact
Section 24 - non expert opinion evidence
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived.
DEFINE EXPERT
A person who has specialised knowledge or skill based on training, study or experience
What things can an expert base their opinions on?
- Books and journal articles that contribute to the general body of information on any given topic
- supplied by others, eg. analyses of body tissues carried out by colleagues, or the research findings of other scientists.
- published documents eg. where an expert has his or her evidence peer reviewed
Notice requirements
The Criminal Disclosure Act 2008 introduced an obligation on the defence to give notice of expert evidence in criminal proceedings.
Section 23 provides that, if the defendant intends to call an expert witness, he or she must disclose the brief of evidence or report at least 14 days before the date fixed for the trial.
