R v Wilson (No 2) [2017] NSWSC 1673

R v Wilson (No 2) [2017] NSWSC 1673

The disputed opinions of Mr Wellington and Ms Goodwin about the appearance of Ms Wilson's injuries were admissible under s 78(b) because they were necessary to obtain an adequate account or understanding of the injuries each witness perceived. Without those opinions, the Court would lack an adequate description of the nature of the injuries on which the witnesses' beliefs about Mr Shepstone's violence toward Ms Wilson were based.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Criminal Law — Murder Special Hearing, Judge Alone / Procedural Ruling on Admissibility of Lay Opinion Evidence
Outcome
Lay opinion evidence admissible; Crown objections rejected.
Legal Topics
['murder' 'special Hearing' 'judge Alone' 'lay Opinion Evidence' 'tendency Evidence' 'evidence Act 1995 (nsw) S 78']
['criminal Law' 'evidence'] ['murder' 'special Hearing' 'judge Alone' 'lay Opinion Evidence' 'tendency Evidence' 'evidence Act 1995 (nsw) S 78']

Case Brief

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Procedural Posture

Criminal Law — Murder Special Hearing, Judge Alone / Procedural Ruling on Admissibility of Lay Opinion Evidence

Legal Issues

  1. 1 ['Whether disputed parts of statements by defence witnesses Mr Wellington and Ms Goodwin were admissible as lay opinion evidence under s 78(b) of the Evidence Act 1995 (NSW).' "Whether the witnesses' opinions about bruising and injuries were necessary to obtain an adequate account or understanding of their perceptions."]

Ratio Decidendi

The disputed opinions of Mr Wellington and Ms Goodwin about the appearance of Ms Wilson's injuries were admissible under s 78(b) because they were necessary to obtain an adequate account or understanding of the injuries each witness perceived. Without those opinions, the Court would lack an adequate description of the nature of the injuries on which the witnesses' beliefs about Mr Shepstone's violence toward Ms Wilson were based.

Court Disposition

Lay opinion evidence admissible; Crown objections rejected.

Orders

  • ['Objections to parts of the statements of Ms Goodwin and Mr Wellington were rejected.']