R v Do (No. 1) [2015] NSWSC 106

R v Do (No. 1) [2015] NSWSC 106

Sergeant Flippence may not give expert opinion evidence comparing footprint impressions from the crime scene to those of the accused, the deceased, or other witnesses, as he does not possess sufficient specialised knowledge in podiatry or footprint identification, and such comparison is within the capacity of the jury to perform. However, he is qualified and permitted to give expert opinion evidence on the drying time of blood based on his training and experience in blood stain pattern analysis.

Jurisdiction
Australia
Judgment Date
26 February 2015
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Expert evidence of footprint comparison by Sergeant Flippence excluded; expert evidence on blood drying time admitted.
Legal Topics
['expert Evidence' 'admissibility of Evidence' 'footprint Analysis' 'blood Stain Pattern Analysis' 'specialised Knowledge Under Evidence Act']
['criminal Law' 'evidence Law'] ['expert Evidence' 'admissibility of Evidence' 'footprint Analysis' 'blood Stain Pattern Analysis' 'specialised Knowledge Under Evidence Act']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ["Whether Sergeant Flippence may give expert evidence identifying footprints at the crime scene as similar to the accused's foot impression" 'Whether Sergeant Flippence may give expert evidence relating to the drying time of blood at the scene']

Ratio Decidendi

Sergeant Flippence may not give expert opinion evidence comparing footprint impressions from the crime scene to those of the accused, the deceased, or other witnesses, as he does not possess sufficient specialised knowledge in podiatry or footprint identification, and such comparison is within the capacity of the jury to perform. However, he is qualified and permitted to give expert opinion evidence on the drying time of blood based on his training and experience in blood stain pattern analysis.

Court Disposition

Expert evidence of footprint comparison by Sergeant Flippence excluded; expert evidence on blood drying time admitted.

Orders

  • ['Sergeant Flippence may give factual evidence on taking and measuring foot impressions and overlays, but not expert comparison or interpretation of footprints.' "Sergeant Flippence's expert evidence on drying time of blood is admissible."]