Velevski v The Queen

[2002] HCA 4
Judgment date
Case number
S197/2000
Before
Gleeson CJ, Gaudron, Gummow, Hayne, Callinan JJ
Catchwords

Criminal law – Evidence – Expert evidence – Whether certain wounds to deceased were self-inflicted – Whether capable of being the subject of expert opinion – Evidence given by experts on matters of common knowledge of human behaviour – No objection by accused – Whether admissible – Whether conflicting opinion of experts incapable of resolution beyond reasonable doubt by jury because of difficulty and sophistication of purely scientific or medical evidence.

Criminal law – Practice and procedure – Duties of prosecution – Whether prosecution obliged to call other expert witnesses whose evidence might have been favourable to the accused.

Criminal law – Evidence – Confessions and admissions – Lie as evidence of consciousness of guilt – Whether jury could rely upon alleged lie only if satisfied of it beyond reasonable doubt.

Evidence Act 1995 (NSW) – ss 79, 80.

Files
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