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Opinion Evidence Aus Essay

  • Submitted by: Chirps
  • on October 5, 2012
  • Category: Social Issues
  • Length: 497 words

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Below is an essay on "Opinion Evidence Aus" from Anti Essays, your source for research papers, essays, and term paper examples.

EV. L1

Opinion & Expert Evidence.

Witnesses must testify to facts rather than opinions.

  * Authority borne from Common Law and s76 Uniform Evidence Act (UE).
  * Role of Opinion Evidence
Up to court to ascertain inferences from the facts.
      * Exceptions:
        * Where person’s opinion IS a fact in issue
            * Ie: self defence
Evidence Act 1995 (Cth), s77
        * Where lay witness may provide an opinion
            * Hard to separate fact from opinion.
            * Ie: Speed, sobriety, apparent age, handwriting.
‘I do not think the subjects on which the non-expert witness will be allowed to give inferential evidence can be stated exhaustively, for they do not constitute a closed category.   But, if only to confirm that the category exists and to afford some clue as to what falls within in, the following established examples may be mentioned: (1) the identification of handwriting, persons and things; (2) apparent age; (3) the bodily plight or condition of a person, including death and illness; (4) the emotional state of a person – eg whether distressed, angry, aggressive, affectionate or depressed; (5) the condition of things – eg worn, shabby, used or new; (6) certain questions of value; and (7) estimates of speed and distance.’
Sherrard v Jacob [1965] NI 151.
  R v Whitby (1957) 74 WN (NSW) 441.
    Evidence Act 1995 (Cth), s78.

        * Where expert witness may give an opinion

            * General Rule
              * Are an expert &
              * Must be recognised field;
                  * Need leave for expert – district.
                  * Other courts leave not required.
              * Identify basis of expert opinion. (Build the basis). – Why are you leading evidence.
‘Before admitting the opinion of a witness into evidence as expert testimony, the judge must consider and decide two questions.   The first is whether the subject matter of the opinion falls within the class of...

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Opinion Evidence Aus. Anti Essays. Retrieved December 15, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Opinion-Evidence-Aus-319783.html


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