Honeysett v R

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Kiefel,Gageler,Keane JJ
Judgment Date13 August 2014
Neutral Citation[2014] HCA 29
Date13 August 2014
Docket NumberS57/2014
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31 cases
  • Tropoulos v Journey Lawyers Pty Ltd
    • Australia
    • Federal Court
    • 2 April 2019
    ...[2000] WASCA 146; (2000) EOC 93-096. Hazledine v Arthur J Gallagher Australia & Co (Aus) Limited [2017] FCA 575 Honeysett v The Queen [2014] HCA 29; (2014) 253 CLR 122 Hooper Bailie Associated Ltd v Natcon Group Pty Ltd (1992) 28 NSWLR 194 Myers v R [2016] AC 314 (PC) O’Brien v Gillespie (1......
  • Stuart v Rabobank Australia Ltd
    • Australia
    • Federal Court
    • 11 November 2021
    ...in a way that makes it possible for the Court to ascertain whether the opinion was based on that knowledge: Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29 (Honeysett) at [24]. A failure to express an opinion in such a way is a matter that goes to the admissibility of the evidence, ......
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5 firm's commentaries
  • Body of Knowledge: Expert evidence and the limits of specialised knowledge
    • Australia
    • Mondaq Australia
    • 25 February 2015
    ...v The Queen [2014] HCA 29 '[The] evidence gave the unwarranted appearance of science to the prosecution case that the appellant and Offender One share a number of physical characteristics ... "Offender One and the appellant are both ectomorphic" - was apt to suggest the existence of more te......
  • Expert evidence in New South Wales
    • Australia
    • Mondaq Australia
    • 22 September 2021
    ...judicial officers since the commencement of this provision and the issue of its definition has been resolved in Honeysett v The Queen (2014) 253 CLR 122 at "Specialised knowledge is knowledge which is outside that of persons who have not by training, study or experience acquired an understa......
  • Expert evidence in New South Wales
    • Australia
    • Mondaq Australia
    • 22 September 2021
    ...judicial officers since the commencement of this provision and the issue of its definition has been resolved in Honeysett v The Queen (2014) 253 CLR 122 at "Specialised knowledge is knowledge which is outside that of persons who have not by training, study or experience acquired an understa......
  • Opinion evidence in New South Wales
    • Australia
    • Mondaq Australia
    • 22 September 2021
    ...to an asserted fact: Allstate Life Insurance Co v ANZ Banking Group Ltd (No 5) (1996) 64 FCR 73, at [75] and Honeysett v The Queen (2014) 253 CLR 122. Evidence of an experience or description of evidence is not evidence of an opinion: R v Drolley [2005] NSWCCA 356, at [54-55]. The evidence ......
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6 books & journal articles
  • Legal versus non-legal approaches to forensic science evidence
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 20-1, January 2016
    • 1 January 2016
    ...also R v Weighman [2011] EWCA Crim 2826. 35. Contrast the Australian response in Morgan v R [2011] NSWCCA 257 and Honeysett v The Queen [2014] HCA 29.36. Whether podiatrists perform this task significantly better than ordinary persons is an empirical question that ought to answered. See Cun......
  • Mental Health Expertise in Refugee Status Decision-Making: Judging or Caring?
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 18-4, October 2014
    • 1 October 2014
    ...ontraining, study or experience is a matter that goes to the admissibility of the evidence, not itsweight’. See also Honeysett vThe Queen [2014] HCA 29.36 Migration Act 1958 (Cth), s. 430 (RRT) and (for Departmental delegates) see s. 66. See, e.g., thediscussion of s. 430 in Algama vMiniste......
  • FORENSIC SCIENCE EVIDENCE AND THE LIMITS OF CROSS-EXAMINATION.
    • Australia
    • Melbourne University Law Review Vol. 42 Nbr. 3, August 2019
    • 1 April 2019
    ...A Crim R 329; Morgan v R (2011) 215 A Crim R 33; R v Dastagir (2013) 118 SASR 83; Honeysett v The Queen (2013) 233 A Crim R 152, revd (2014) 253 CLR 122 (Honeysett (High (11) NRC Report (n 8) 7; see also at 7-8. For an introduction and overview, see Gary Edmond, 'What Lawyers Should Know ab......
  • ICARUS AND THE EVIDENCE ACT: SECTION 137, PROBATIVE VALUE AND TAKING FORENSIC SCIENCE EVIDENCE 'AT ITS HIGHEST'.
    • Australia
    • Melbourne University Law Review Vol. 41 Nbr. 1, August - August 2017
    • 1 August 2017
    ...in s 79(1): Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588, 602-3 [32]. See also HG v The Queen (1999) 197 CLR 414, 427 [39]. (8) (2014) 253 CLR 122, 131-2 [23], quoting Daubert v Merrell Dow Pharmaceuticals Inc, 509 US 579, 590 (1993). No Australian court has interpreted s 79(1) or the commo......
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