ON 13 AUGUST 2014, the High Court of Australia delivered Honeysett v The Queen  HCA 29 (13 August 2014).
The High Court quashed a conviction for armed robbery, ordering a retrial.
The trial judge had admitted into evidence an anatomy professor’s opinion as to the common anatomical characteristics of the accused and a person recorded on CCT footage. The High Court held that the opinion was not based solely or substantially upon the professor’s specialised knowledge of anatomy but also included his subjective impression of the CCT images and therefore was not an exception under s79(1) of the Evidence Act 1995 (NSW) to the rule against the admission of opinion evidence.
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