Page 385 - Magistrates Conference 2019

In Richard Pearce v R 160 the Court of Appeal reaffirmed the decision of the English Court of
appeal in R v Turner 161 that an expert opinion was only necessary where the expert could furnish

the court with scientific information that was likely to be outside the experience and knowledge
of the judge or jury. Furthermore, when an expert witness was asked to express an opinion on a

question, the primary facts on which that opinion was based had to be proved by admissible

evidence given either by the expert himself or some other competent witness.

The Evidence Act also provides that at any preliminary investigation by a court into a facts which

constitute an indictable offence, a certificate of analysis purporting to be signed by the Island
Chemist may be accepted as prima facie evidence of the matters therein provided the seals of the

receptacle within which the sample in respect of which the certificate was issued, were intact at
the time it was delivered to the chemist. 162

Montserrat

Notwithstanding anything to the contrary contained in any law, but subject always to the

provisions of this section, any certificate or report, if accompanied by a sworn statement by the
medical practitioner who has signed the certificate or report, shall be admitted in evidence in any

criminal proceedings before a Magistrate, or at a Coroner’s Inquest, without the medical
practitioner being called upon to attend and to give evidence upon oath. 163

Where, in any criminal proceedings before a Magistrate, it is intended to put in evidence a
certificate or report as provided by the preceding subsection, the prosecution shall, at least three

clear days before the proceedings, serve upon the defendant written notice of such intention,

together with a copy of the certificate or report, and the defendant, at the commencement of the
proceedings, may object to the admission of the certificate or report, and may require the

attendance of the medical practitioner to give evidence on oath. 164

Nothing in this section contained shall be deemed to prejudice or take away the rights of the

defendant, or of the Court or Coroner, as the case may be, at any stage of the proceedings to

160 [2013] JMCA Crim 54
161 [1975] 1 All ER 70
162 Jamaica – Evidence Act 1843, section 52
163 Montserrat – Evidence Act Cap. 2.08, section 32(1)
164 Montserrat – Evidence Act Cap. 2.08, section 32(2)
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