R v Dickson (No 13) [2014] NSWSC 1859

R v Dickson (No 13) [2014] NSWSC 1859

The reports in question are not to be treated as expert evidence because there is no author being called to set out the basis for the opinion, and both parties use them not as expert evidence but as documents with factual disputes around their significance. A direction as to expert evidence would confuse the jury.

Jurisdiction
Australia
Judgment Date
26 November 2014
Procedural Posture
Criminal / Application for Jury Direction (interlocutory Ruling)
Outcome
Application declined.
Legal Topics
['jury Directions' 'expert Evidence' 'factual Disputes in Evidence']
['criminal Law'] ['jury Directions' 'expert Evidence' 'factual Disputes in Evidence']

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Procedural Posture

Criminal / Application for Jury Direction (interlocutory Ruling)

Legal Issues

  1. 1 ['Whether evidence described as expert should be the subject of an expert evidence direction to the jury' 'Whether the role of certain reports is a factual or legal issue']

Ratio Decidendi

The reports in question are not to be treated as expert evidence because there is no author being called to set out the basis for the opinion, and both parties use them not as expert evidence but as documents with factual disputes around their significance. A direction as to expert evidence would confuse the jury.

Court Disposition

Application declined.

Orders

  • ['Requested direction concerning expert evidence declined; no such direction will be given to the jury.']