An interlocutory ruling excluding an expert's ultimate opinion under s 79 of the Evidence Act does not preclude the fact finder from drawing inferences from the underlying evidence given by the expert, including evidence about the process and reasoning that led to the excluded opinion. The fact finder is not bound by the limits of the expert's admissible opinion and may independently assess the strength of the evidence. For arson with intent to endanger life under s 117 of the Crimes Act 1900 (ACT), the Crown must prove specific intent to endanger life (or knowledge/belief that conduct was likely to endanger life under s 115(6)), and mere recklessness as to the possibility of endangering life is insufficient.
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