R v Pabon [2018] EWCA Crim 420 – R 19.2 CrimPR (duty of expert) – s 2(1) CApA.
1) witness, including expert, not to discuss evidence whilst still in witness box.
- expert witness must be more than “enthusiastic amateur”.
- expert witness must not give opinion on matters beyond area of expertise.
- experts should be chosen to be of suitable calibre.
2) conviction may be safe, notwithstanding failings of P’s expert witness, where relevant issue unaffected by expert’s evidence.
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Related case digests
- R v Byrne, R v Creaven and another, R v Raja, R v Moore and others [2021] EWCA Crim 107 -experts.
1) competence of witness to be an expert may derive from experience alone without formal qualifications. 2) party calling expert witness must ensure expert understands and discharges obligations to court. – duty of expert to give objective and unbiased opinion. 3) evidence of inappropriate expert at trial does not necessarily make conviction unsafe.