scholarly journals Expert Evidence, Hearsay and Victims of Trafficking

2021 ◽  
Vol 85 (6) ◽  
pp. 471-476
Author(s):  
Sean Mennim ◽  
Tony Ward
Keyword(s):  
Expert Evidence ◽  
Court Of Appeal

Case commentary of the Court of Appeal ruling in R v Brecani [2021] EWCA Crim 731.

A DUTY TO GIVE REASONS?

2000 ◽  
Vol 59 (2) ◽  
pp. 235-272
Author(s):  
J.A. Jolowicz
Keyword(s):  
Expert Evidence ◽  
Court Of Appeal

INFlannery v. Halifax Estate Agencies Ltd. [2000] 1 W.L.R. 377, the purchasers of a flat in Manchester sued a valuer, on whose report they had relied, for negligence. At the trial there was a conflict of expert evidence. The judge preferred the evidence of the defendant's experts and dismissed the claim. It was accepted that the judge's conclusion was one that was open to him on the evidence. The Court of Appeal set aside the judgment and ordered a new trial.

scholarly journals Abbey Road: The (Ongoing) Journey to Reliable Expert Evidence

2018 ◽  
Author(s):  
Jason Chin
Keyword(s):  
Police Officers ◽  
Scientific Evidence ◽  
Expert Evidence ◽  
Specialized Knowledge ◽  
Criminal Trials ◽  
Factual Question ◽  
Training And Research ◽  
Court Of Appeal

Canadian courts draw a tenuous distinction between expert scientific evidence and what they characterize as specialized knowledge gained through the expert witness’s experience, training, and research. This characterization is based on unclear criteria and has significant consequences. Notably, specialized knowledge regularly receives considerably less scrutiny than that which is characterized as science, while still often serving as powerful inculpatory evidence in criminal trials. Moreover, specialized knowledge is often provided by figures that carry an air of authority, like police officers and scientists. This article focuses on the leading opinion on specialized knowledge, the Court of Appeal for Ontario’s decision in R v Abbey. An analysis of Abbey’s application to three fields of contested specialized knowledge (including the evidence the Abbey Court admitted, but fresh evidence revealed as fundamentally unreliable) provides two general insights. First, while Abbey could be interpreted as providing for a flexible and probing analysis of all expert evidence, courts have often relied on it to justify giving almost no scrutiny to specialized knowledge. Second, this review of the post-Abbey jurisprudence suggests that scrutiny focused on the transparency of the expert’s data and analysis, and whether that analysis can reliably be applied to the relevant factual question, may provide a valuable way to evaluate expertise.

scholarly journals The psychiatrist as expert witness. Part 2: criminal cases and the Royal College of Psychiatrists' guidance

2008 ◽  
Vol 14 (2) ◽  
pp. 109-114 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Royal College ◽  
Expert Witness ◽  
Criminal Procedure ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
England And Wales ◽  
Court Of Appeal

Psychiatrists reporting in criminal cases in England and Wales are now governed by the Criminal Procedure Rules on expert evidence and these will require changes to the format and content of psychiatrists' reports in criminal proceedings. This article sets out the new rules and also draws attention to additional requirements made by the Court of Appeal and, when instructed by the police or the Crown Prosecution Service, by the Crown Prosecution Service. It also draws attention to the report of the Scoping Group on Court Work of the Royal College of Psychiatrists.

scholarly journals Novel Scientific Evidence and Judicial "Gatekeeping": R v Calder and Daubert v Merrell Dow Pharmaceuticals Compared

1998 ◽  
Vol 28 (2) ◽  
pp. 399
Author(s):  
Karen Belt
Keyword(s):  
United States ◽  
New Zealand ◽  
Supreme Court ◽  
Scientific Evidence ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Expert Evidence ◽  
High Court ◽  
Court Of Appeal

This article examines the approach of the High Court to the admissibility of novel scientific expert evidence in R v Calder (Unreported, 12 April 1995, High Court, Christchurch Registry, T 154/94). In Calder, Tipping J establishes a "gatekeeping" role for judges which requires them to test novel scientific evidence for relevance and reliability. The article compares that approach with the approach taken by the United States Supreme Court in Daubert v Merrell Dow Pharmaceuticals (1993) 125 L Ed 2d 469. The implications of such a test are considered.  Although the Court of Appeal has not considered the issues raised in Calder, the article concludes that the approach is the most suitable one for New Zealand.  

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Miscarriage by Expert

2018 ◽  
Vol 49 (2) ◽  
pp. 245
Author(s):  
Susan Glazebrook
Keyword(s):  
Careful Consideration ◽  
Expert Evidence ◽  
Forensic Evidence ◽  
Miscarriage Of Justice

This article examines the role expert evidence plays in court and some of the risks surrounding such evidence. Through the examination of several tragic cases of miscarriage of justice, this article warns of the dangers of relying unquestionably on expert evidence and calls for a careful consideration of the evidence as each case comes before the courts. The value of good forensic evidence in the investigation and prosecution of crime is nevertheless recognised.

Englander v. Telus: Protection of Privacy in the Private Sector Goes to the Federal Court of Appeal

2016 ◽  
Author(s):  
Marc-Aurele Racicot
Keyword(s):  
Private Sector ◽  
Personal Information ◽  
Information Age ◽  
Federal Court ◽  
Personal Life ◽  
Information Protection ◽  
Public Places ◽  
Electronic Documents ◽  
Full Force ◽  
Court Of Appeal

These days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits.

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