LAW4323 Final: Opinion
Document Summary
An inference drawn from observed and communicable data (lithigow) If yes, it is prima facie inadmissible (s 76) Exception: relevant for a non-opinion purpose? (s 77: e. g: opinion is a pcs/pis, does not include a hearsay purpose (lithigow) If so, it is admissible to prove fact about which the opinion was expressed. Opinion is based on what w shop about a matter/event: must witness the event (cf: lithigow) Ev more effectively encapsulated in an opinion: e. g: age, emotional state, intoxication, speed, time, distance, weather, handwriting, id, health (lithigow) Opinion based on that knowledge: must be within their area of expertise (honeysett, not based purely on subjective perception, factual basis of opinion need not be proved by other ev (dasreef)
