Following on from yesterday’s post, it’s worth asking: what are the vital aspects of a court?It’s a question that lawyers and academics have devoted volumes to, but for the purposes of this discussion I’d like to focus on:• An independent, disinterested decision-maker; and• A somewhat predictable, rules-based approach to decision-making.When it comes to who will …
Tag: opinion
Wells v The Queen (No 2): Charter points not for interlocutory appeals
Wells v The Queen (No 2) [2010] VSCA 294 is the second time this culpable driving trial has gone up to the Court of Appeal for interlocutory hearing, and the parties haven't even opened yet.The Court was highly critical [Ashley and Redlich JJA at 4, Weinberg JA even more so at 47] that the first …
Continue reading Wells v The Queen (No 2): Charter points not for interlocutory appeals
Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts
The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …
Continue reading Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts
Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts
The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …
Continue reading Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts
When is lay opinion 'necessary'?
Edit: I have been pointed to the decision of Connex Group Australia v Butt [2004] NSW 379 on this point. White J delivers a comprehensive judgment explaining his decision to allow lay opinion about the substance of conversation, where the words themselves could no longer be recalled.I'll write a full post on it when time …