Chapter 9 Multiple choice questions

. Which of the following propositions can be found in the court's ruling in R v Robb (1991) concerned with the admissibility of expert evidence on voice recognition?

An expert's evidence should only be admitted if he or she has a doctorate in the subject

Expert evidence based on unusual methodology should not be admitted

Such evidence can be admitted as long as the jury were directed they were entitled to reject it

It is essential that there should be majority approval in the scientific community of an expert's standing

. Larry is facing trial for conspiracy to receive stolen goods. The prosecution case is that he had conspired with Sajid to accept a consignment of computer chips stolen from a warehouse in an armed robbery. L pleads not guilty and claims not to know Sajid. He says he ordered the chips in good faith from a regular lawful supplier. The police in an undercover operation had secured CCTV footage of a phone conversation between L and an unknown person. The sound on the video footage has however been drowned out by loud music. The prosecution wish to adduce evidence from an expert in lip-reading, Jennifer, who will state that the words 'Saj' and 'chips' are decipherable on the video. Advise on this evidence.

The only test for admissibility is whether or not lip-reading competence is within the court's knowledge,

The two tests for admissibility are whether or not lip-reading competence is within the court's knowledge and, if not, whether J has sufficient expertise.

The two tests for admissibility are whether or not lip-reading competence is within the court's knowledge and, if not, whether J has sufficient expertise. In addition, the judge must direct the jury that they have a choice to accept or reject J's evidence.

In addition to the requirements in c) above, the methodology used by J must be demonstrated to be justifiable or falsifiable in cross examination

. Which of the following statements are true in relation to expert evidence and the rule against hearsay?

The Criminal Justice Act 2003 provides an exception to the rule against hearsay for expert reports

The Criminal Justice Act 2003 prohibits an expert witness from drawing on statements made by others relevant to his field

The Criminal Justice Act 2003 removes the common law rule that an expert's opinion may draw on the body of expertise relevant to his field and be based on statements which he or she has not prepared

The Criminal Procedure Rules 2020 contain measures about the treatment of expert witnesses

. Which of the following items is part of the procedure for the admissibility of expert evidence in civil cases?

The ultimate issue rule applies in civil proceedings

The court may direct that a single joint expert may give evidence

A party who fails to disclose an expert's report may not use the report at trial or call the expert to give evidence orally under any circumstances

The expert has a paramount duty to his client

. S is facing trial for fraud. The prosecution case is that he was persuaded by Y, who had met while walking their dogs, to help her get money for treating her very sick pet. Y told S that her bank account was temporally suspended and asked him to cash a cheque. S did so but the cheque turned out to be counterfeit and S was arrested. He pleads not guilty and want to adduce evidence from a clinical psychologist that he is unnaturally vulnerable to the plight of sick animals, has an low IQ of 75, and learning difficulties. Advise whether the expert evidence is admissible.

Yes, because the expert is a registered clinician

Yes since S's IQ is between 75 and 80

No, because, save in cases of confessions, expert evidence concerning defendants with a low IQ is only admissible if that is not greater than 69

No, because the offence charged is not one involving physical violence

Chapter 9 Multiple choice questions

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