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

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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