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Australia Leading Case opinion and expert evidence

R v Patel

(2012) 247 CLR 531
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

Expert evidence in criminal trials must be founded on specialised knowledge and trial judges must gatekeep admissibility under the Evidence Act before admission.

Key Principle

The HCA held that expert evidence in a criminal trial must be based on a proper foundation of specialised knowledge; the trial judge must ensure the evidence meets the requirements of the Evidence Act before admitting it.

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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