R v Briggs (No 3) [2014] NSWSC 852

R v Briggs (No 3) [2014] NSWSC 852

It is not necessary for the lay opinion evidence that the accused was 'aggressive' to be admitted to obtain an adequate account or understanding of what the witness perceived, given that the primary observations can be directly recounted and were made soon after the event.

Parties
Crown: Regina; Accused: Cecil Paul Briggs
Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Criminal / Interlocutory Application – Voir Dire on Admissibility of Evidence
Outcome
Objection upheld; evidence excluded.
Legal Topics
Admissibility of Lay Opinion Evidence, Necessity of Opinion Evidence, Application of S 78 Evidence Act 1995 (nsw)
Criminal Law Evidence Admissibility of Lay Opinion Evidence Necessity of Opinion Evidence Application of S 78 Evidence Act 1995 (nsw)

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Parties

Regina

Crown

Cecil Paul Briggs

Accused

Procedural Posture

Criminal / Interlocutory Application – Voir Dire on Admissibility of Evidence

Legal Issues

  1. 1 Whether evidence of lay opinion regarding aggressiveness is admissible under s 78(b) of Evidence Act 1995 (NSW)

Ratio Decidendi

It is not necessary for the lay opinion evidence that the accused was 'aggressive' to be admitted to obtain an adequate account or understanding of what the witness perceived, given that the primary observations can be directly recounted and were made soon after the event.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • Oral evidence in accordance with the third sentence in paragraph 5 of the statement of Mr Ryan of 24 December 2012 will not be permitted in the trial.