R v KSC [2008] NSWDC 171

R v KSC [2008] NSWDC 171

Although Professor Quadrio was qualified to give expert opinion evidence, her reasoning was adequately based on specialised knowledge and reputable material, and the evidence had significant probative value and was not excluded for unfair prejudice, the proposed opinion evidence went only to the complainant's credibility by explaining the delayed complaint. Section 102 of the Evidence Act 1995 therefore made it inadmissible.

Jurisdiction
Australia
Judgment Date
24 June 2008
Procedural Posture
Criminal / Trial Evidentiary Ruling on Admissibility of Expert Opinion Evidence
Outcome
The opinion evidence goes only to the credibility of the complainant and is not admissible.
Legal Topics
['expert Opinion Evidence' 'tendency Evidence' 'credibility Rule' 'delayed Complaint in Sexual Assault Proceedings' 'unfair Prejudice']
['evidence' 'criminal Procedure'] ['expert Opinion Evidence' 'tendency Evidence' 'credibility Rule' 'delayed Complaint in Sexual Assault Proceedings' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Trial Evidentiary Ruling on Admissibility of Expert Opinion Evidence

Legal Issues

  1. 1 ["Whether Professor Quadrio's opinion evidence was admissible as expert opinion evidence under s 79 of the Evidence Act 1995." 'Whether the evidence was tendency evidence requiring notice or leave under s 97 of the Evidence Act 1995.' 'Whether the evidence had significant probative value in explaining the absence or delay of complaint.' 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 because of danger of unfair prejudice to the accused.' "Whether the evidence went only to the complainant's credibility and was inadmissible under s 102 of the Evidence Act 1995."]

Ratio Decidendi

Although Professor Quadrio was qualified to give expert opinion evidence, her reasoning was adequately based on specialised knowledge and reputable material, and the evidence had significant probative value and was not excluded for unfair prejudice, the proposed opinion evidence went only to the complainant's credibility by explaining the delayed complaint. Section 102 of the Evidence Act 1995 therefore made it inadmissible.

Court Disposition

The opinion evidence goes only to the credibility of the complainant and is not admissible.

Orders

  • ['The proposed opinion evidence of Professor Quadrio is not admissible.']