Norman, R. v [2023] EWCA Crim 1112 (01 September 2023)

Norman, R. v [2023] EWCA Crim 1112 (01 September 2023)

The experts in this case lacked the necessary cross-disciplinary expertise to opine on the relative likelihood of cannabis versus epilepsy as the cause of the collision; their opinions would have been speculative and outside their proper area of expertise. The exclusion of such evidence did not render the trial...

Source-derived case information.

Citation
[2023] EWCA Crim 1112
Parties
Appellant: Benjamin Norman; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
01 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Insanity Defence, Road Traffic Offences, Causing Death by Careless Driving, Ultimate Issue Rule
Criminal Law Expert Evidence Insanity Defence Road Traffic Offences Causing Death by Careless Driving Ultimate Issue Rule

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Benjamin Norman

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

  1. 1 Whether experts should have been permitted to opine on the ultimate issue of the cause of the collision
  2. 2 Whether the exclusion of expert opinion on the ultimate issue rendered the trial unfair

Ratio Decidendi

The experts in this case lacked the necessary cross-disciplinary expertise to opine on the relative likelihood of cannabis versus epilepsy as the cause of the collision; their opinions would have been speculative and outside their proper area of expertise. The exclusion of such evidence did not render the trial unfair, and the jury was entitled to conclude the appellant failed to discharge the burden of proof for insanity.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld