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exclusion would result in unfairness to the defendant or, if there is more than one defendant, to
any of them; and (d) to any other circumstances that appear to the court to be relevant. 176
An expert report, when admitted, shall be evidence of any fact or opinion of which the person
making the report could have given oral evidence. 177
St. Vincent and the Grenadines
The Evidence Ordinance 1926 incorporates the law and practice of administered for the time
being in England into the law of Evidence of Saint Vincent and the Grenadines with such
modifications as may be applicable and necessary. 178
As seen above, the various jurisdictions permit the use of expert evidence in certain
circumstances. Expert evidence may be given orally or may be given via a report. Before an
expert’s report is admissible in evidence, generally the leave of the court is required.
Expert opinion evidence is generally admissible to assist the court with matter which lie outside
the court’s experience and understanding: R v Turner 179
Where, a court can be expected to understand the evidence in question without the requirement
for such assistance, then expert testimony in respect of that evidence will be inadmissible in
court: R v Henry 180
Expert witnesses may express opinions only on matters falling within their own areas of expert
knowledge or competence: R v Doheny, R v Adams 181
The weight to be given to expert evidence is a matter for the court to decide: R v Luttrell 182
176 St. Lucia – Evidence Act Cap. 4:15, section 594)
177 St. Lucia – Evidence Act Cap. 4:15, section 59(5)
178 St. Vincent and the Grenadines – Evidence Act Cap. 158, section 3
179 [1975] QB 834
180 [2005] EWCA Crim 1681
181 [1997] 1 Cr App Rep 369 [1997] Crim LR 669, CA
182 [2004] 2 Cr App Rep 520
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