Intoxication, Intention and the Role of the Expert Witness
Abstract
Ridgway examines recent authorities in a comment on the role of expert evaluation on the intent of the intoxicated accused. He examines the current law on intoxication, the role of the medical or other experts in that context, and the consequences of the accused not giving evidence but relying on such expert evidence. Ridgway concludes his examination by finding that, the general circumstance that an accused will have made a significant number of statements in records of interview with police which will have been tendered in the crown case will permit an expert to make use of those statements as a basis for opinion. But where that is not the case, and the underlying facts and circumstances are not placed in evidence, it is open to argument at least that the expert evidence should be disallowed by the court.
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