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In the sixth article in the Working with expert witnesses series, Alexandra Winch a Partner at Stewarts, discusses her experience of...
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This research has provided the first-ever assessment of the size and characteristics of the Expert Witness workforce in the UK.
Podcast Episode 30: Mapping the Expert Witness Workforce Podcast Episode 30: Mapping the Expert Witness Workforce

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FREE CHAPTER from ‘A Practical Guide to the Use of Expert Evidence in Criminal Cases’
Priya Vaidya 4158

FREE CHAPTER from ‘A Practical Guide to the Use of Expert Evidence in Criminal Cases’

by Priya Vaidya

CHAPTER ONE – AN INTRODUCTION TO EXPERT EVIDENCE

What is expert evidence?

Expert evidence is evidence of opinion falling outside the experience of a judge or jury. This contrasts with non-expert evidence that goes to matters of fact. The oft quoted judgement of King CJ in the South Australian case of R v Bonython provides a helpful outline:

whether the subject matter of the opinion is such that a person without instruction or experience in the area of knowledge or human experience would be able to form a sound judgment on the matter without the assistance of witnesses possessing special knowledge or experience in the area; and whether the subject matter of the opinion forms part of a body of knowledge or experience which is sufficiently organised or recognised to be accepted as a reliable body of such and a special acquaintance with it by the witness would render his opinion of assistance to the court.”1

The Court of Appeal observed in R v Dlugosz and others2 that in determining the issue of admissibility of evidence as expert evidence the court must be satisfied that there is a sufficiently reliable scientific basis for the evidence to be admitted and tested before the jury.

 

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