R. v. Butler

R. v. Butler

The judge held that Dr. Maricle's veterinary training, continuing education and substantial practical experience performing necropsies constituted sufficient expertise to qualify him to give forensic opinion evidence as to cause of death of animals; lack of formal specialty training did not preclude qualification...

Source-derived case information.

Citation
2005 BCSC 1889
Parties
Crown: Regina; Accused: Martin Hugh Butler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 October 2005
Procedural Posture
Criminal / Reasons for Ruling on Qualifications
Outcome
Dr. Maricle is qualified to give expert opinion evidence of a forensic nature as to the cause of death of animals
Legal Topics
Expert Evidence, Qualifications of Expert, Necropsy, Weight of Evidence
Source Language
english
Criminal Law Evidence Forensic Science Veterinary Forensics Expert Evidence Qualifications of Expert Necropsy Weight of Evidence

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Parties

Regina

Crown

Martin Hugh Butler

Accused

Procedural Posture

Criminal / Reasons for Ruling on Qualifications

Legal Issues

  1. 1 Whether Dr. Maricle is qualified to give expert opinion evidence regarding cause of death of animals

Ratio Decidendi

The judge held that Dr. Maricle's veterinary training, continuing education and substantial practical experience performing necropsies constituted sufficient expertise to qualify him to give forensic opinion evidence as to cause of death of animals; lack of formal specialty training did not preclude qualification and issues of weight remain for the trier of fact.

Court Disposition

Dr. Maricle is qualified to give expert opinion evidence of a forensic nature as to the cause of death of animals