-
Essay / Case study Haoui V Regina - 984
One of the case laws is Velevski v. R [2002]. Other case law cited by the court is Whitehorn v. The Queen (1983) and R v. Basha (1989). Whitehorn v. The Queen establishes the procedures that the Crown must follow to ensure a fair trial for the defendant (Haoui v. Regina, 2008). The R v Basha case law provided guidelines for the court to use in admitting late expert testimony. The appeals court also used parliamentary statutes to rule on the admissibility of expert testimony. The law relied on is the Evidence Act 1995. This law guided the court on how to deal with expert evidence that causes prejudice. The sections used are sections 136 and 137. Section 136 of the Evidence Act gives the court the power to restrict the use of prejudicial evidence (Leggat, 2012). Additionally, Section 137 authorizes the court to strike out evidence that will cause unfair prejudice to the state.