1. the general prohibition on the use of opinion evidence in criminal cases and the exceptions to this rule
2. the use of expert opinion evidence at trial
Syllabus 19: Opinion evidence and experts
1. Opinion Evidence
[F11.1 - F11.2, F11.4- F11.5]
General rule: witnesses may only give evidence of facts they personally perceived and not evidence
of their opinion.
Two exceptions:
- Non-experts: A statement of opinion on any matter not calling for expertise, if made by a
witness as a way of conveying relevant facts personally perceived by him or her, is admissible
as evidence of what the witness perceived.
- Experts: A statement of opinion on any relevant matter calling for expertise may be made by
a witness qualified to give such an expert opinion. (The evidence may be accompanied by
animations to illustrate the opinion)
If objection to the admissibility of expert opinion evidence is made, it is for the party proffering the
evidence to prove its admissibility.
➢ Non-Expert Evidence
A statement of opinion may be given by a witness, on a matter not calling for expertise, as a
compendious means of conveying facts perceived by a witness. (ex: ID witness is not required to give
a description of the offender or some other person but may express an opinion that the accused is the
person the witness saw on the occasion in question.
➢ Expert Evidence
Statute occasionally prescribed the qualifications which a person must possess to give expert opinion
evidence on a particular matter.
In rare cases, in will be necessary to hold a voir dire to decide whether a witness should be allowed to
give expert evidence.
2. Matters calling for expertise
[F11.8 - F11-9]
Expert opinion evidence may only be received on subject calling for expertise, which a lay person,
such as a magistrate or juror, could not be expected to possess to a degree sufficient to understand the
evidence given in the case unaided.
3. Opinion on ultimate issues
[F11.35]
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