Aziz (a pseudonym) v R

(2022) 110 NSWLR 317; [2022] NSWCCA 76

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Evidence
2. › Opinion rule
3. › Exception for specialised knowledge
4. › Whether evidence of research conclusions about children's behavioural responses to sexual abuse constitutes 'opinion evidence'
5. › Whether specialised knowledge must be based on clinical experience
6. › Evidence Act 1995 (NSW), ss 76, 79(1), 79(2)
1. Evidence
2. › Credibility rule
3. › Exception for evidence of persons with specialised knowledge
4. › Expert evidence on children's responses to sexual abuse
5. › Whether evidence could substantially affect assessment of credibility of witness
6. › Evidence Act 1995 (NSW), ss 102, 108C
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Miscarriage of justice
5. › Admission of expert evidence without objection at trial
6. › Whether leave should be granted under Rule 4.15 to argue ground not raised at trial
7. › Criminal Appeal Act 1912 (NSW), s 5(1)(b)

Quick Take

Evidence consisting of conclusions drawn from accumulated research data about children's behavioural responses to sexual abuse constitutes 'opinion evidence' admissible under ss 79 and 108C of the Evidence Act 1995 (NSW). Specialised knowledge for the purposes of s 79(1) need not be based on clinical experience; it is sufficient that the knowledge draws on accumulated sources of information and research recorded in professional publications. The admissibility of such evidence depends on the specific issues arising in each trial, and trial judges should require the Crown to identify the specific parts of any expert report on which it proposes to lead oral evidence.