R v Weaver (No 7) [2022] NSWSC 605

R v Weaver (No 7) [2022] NSWSC 605

The court allowed Ms Gow's opinion evidence that the male sounded like he was pretending to cry, as it was based on her perception and necessary for an adequate account, but rejected the statement 'It seemed really weird' as not required for understanding; the evidence was not unfairly prejudicial and did not usurp the jury's function.

Parties
Crown: Regina; Accused: Scott David Weaver
Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence (witness Statement)
Outcome
Part of witness statement allowed; part rejected
Legal Topics
Opinion Evidence, Lay Opinion, Admissibility of Evidence
Evidence Opinion Evidence Lay Opinion Admissibility of Evidence

Case Brief

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Parties

Regina

Crown

Scott David Weaver

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence (witness Statement)

Legal Issues

  1. 1 Whether part of Ms Gow's witness statement constitutes admissible lay opinion under s 78 of the Evidence Act 1995 (NSW)
  2. 2 Whether the evidence should be excluded as unfairly prejudicial under ss 135 or 137

Ratio Decidendi

The court allowed Ms Gow's opinion evidence that the male sounded like he was pretending to cry, as it was based on her perception and necessary for an adequate account, but rejected the statement 'It seemed really weird' as not required for understanding; the evidence was not unfairly prejudicial and did not usurp the jury's function.

Court Disposition

Part of witness statement allowed; part rejected

Orders

  • Ms Gow's opinion evidence that the male sounded like he was pretending to cry is admitted.
  • The statement 'It seemed really weird' is rejected and not admitted.