'Lay' Opinion Evidence of Sensations, Feelings and Opinions

Azize, JJ

'Lay' Opinion Evidence of Sensations, Feelings and Opinions

Azize, JJ

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Publisher:: Butterworths
Publication Type:: Journal Article
Citation:: Australian Bar Review, 2006, 28 pp. 218 - 231
Issue Date:: 2006-01

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Field	Value	Language
dc.contributor.author	Azize, JJ	en_US
dc.date.issued	2006-01	en_US
dc.identifier.citation	Australian Bar Review, 2006, 28 pp. 218 - 231	en_US
dc.identifier.issn	0814-8589	en_US
dc.identifier.uri	http://hdl.handle.net/10453/903
dc.description.abstract	How does s 78 of the Evidence Act apply when a `lay person gives evidence of their sensations, feelings and opinions? The article also deals with related difficulties with the opinion rule, eg, there is no definition of `opinion, the `necessity test in s 78(b) of the Act appears to be too high, and the true relation between ss 78 and 79 is not entirely clear.1 Some distinctions between the Uniform Evidence regime and the common law are referred to.	en_US
dc.publisher	Butterworths	en_US
dc.relation.ispartof	Australian Bar Review	en_US
dc.title	'Lay' Opinion Evidence of Sensations, Feelings and Opinions	en_US
dc.type	Journal Article
utslib.citation.volume	28	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.volume	28	en_US

Abstract:

How does s 78 of the Evidence Act apply when a `lay person gives evidence of their sensations, feelings and opinions? The article also deals with related difficulties with the opinion rule, eg, there is no definition of `opinion, the `necessity test in s 78(b) of the Act appears to be too high, and the true relation between ss 78 and 79 is not entirely clear.1 Some distinctions between the Uniform Evidence regime and the common law are referred to.

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http://hdl.handle.net/10453/903