R. v. Al-Rassi

R. v. Al-Rassi

The proposed expert evidence was excluded because the witness was not sufficiently qualified on the specific phenomenon and facts, the opinion would be based on an uncertain factual premise and hypotheticals, and its prejudicial effect substantially outweighed any probative value, thus failing admissibility preconditions on a balance of probabilities.

Citation
2013 NSSC 211
Parties
Crown: Her Majesty the Queen; Accused: Adnan Al-Rassi
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 July 2013
Procedural Posture
Criminal Sexual Assault / Trial Voir Dire on Admissibility of Expert Evidence
Outcome
Defence application to admit expert opinion evidence of Dr. Brad Kelln denied; proposed evidence excluded
Legal Topics
Expert Evidence, Admissibility, Credibility of Complainant, Hypnopompic Hallucinations, Probative Vs Prejudicial Balancing
Source Language
English
Criminal Law Evidence Law Forensic Psychology Expert Evidence Admissibility Credibility of Complainant Hypnopompic Hallucinations Probative Vs Prejudicial Balancing

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Parties

Her Majesty the Queen

Crown

Adnan Al-Rassi

Accused

Procedural Posture

Criminal Sexual Assault / Trial Voir Dire on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether proposed expert Dr. Brad Kelln was properly qualified to give opinion evidence on hypnopompic hallucinations and perceptual disturbances
  2. 2 Whether there was an adequate factual basis for the expert to offer a meaningful opinion rather than a hypothetical
  3. 3 Whether the expert evidence was logically relevant and necessary to assist the jury

Ratio Decidendi

The proposed expert evidence was excluded because the witness was not sufficiently qualified on the specific phenomenon and facts, the opinion would be based on an uncertain factual premise and hypotheticals, and its prejudicial effect substantially outweighed any probative value, thus failing admissibility preconditions on a balance of probabilities.

Court Disposition

Defence application to admit expert opinion evidence of Dr. Brad Kelln denied; proposed evidence excluded

Orders

  • Proposed expert evidence of Dr. Brad Kelln is inadmissible and excluded from the trial
  • Trial to proceed without the excluded expert evidence