A consultant paediatrician may give expert opinion evidence under s 79(1) of the Evidence Act 2008 (Vic) as to the nature and mechanism of a child's injuries, but is generally not qualified to express an opinion that injuries were caused by 'non-accidental' means, as such a conclusion is an inference not based on specialised knowledge. An exception exists where the expert's specific experience with patterns of bruising in particular body locations provides a sufficient basis. Where tendency evidence relies on charged acts that cannot be independently proved, the evidence is inadmissible due to impermissible circularity, and severance of the indictment will be required.
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