A forensic pathologist with substantial practical experience in neuropathology through participation in a neuropathology department, though not a specialist neuropathologist, may be sufficiently qualified to give expert opinion evidence on neuropathological matters. The qualification and competency of expert witnesses remains primarily a question of fact for the trial court. Where conflicting expert medical evidence exists in a criminal trial, the trier of fact is not bound to find a reasonable doubt merely because experts differ, but equally is entitled to accept the defence expert's evidence if it raises a genuine doubt. The question whether the WA Court of Criminal Appeal has power to make consequential orders on a successful prosecution appeal under s 688(2)(ba) was addressed by Miller and McKechnie JJ (finding power exists under ss 687(3) and 697) but reserved by Wallwork AJ.
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