R v Davies

Facts

A bystander saw a vehicle being driven. He was allowed to say that, in his opinion, it was being driven very fast. He was not allowed to say that the driver was drunk and therefore unfit to drive.

Issue

Where is the line between a non-expert's shorthand for what he saw, and an opinion he is not qualified to give?

Held

Speed, as a way of describing what the witness perceived, is admissible. Fitness to drive, as a conclusion that the driver was drunk, is not, unless the witness is an expert or is describing specific facts he observed.

Principle

A non-expert may give an opinion that is only a compendious statement of perceived facts: speed, distance, age, identity, handwriting. He may not give a technical conclusion.

Why it matters

It is the line for the non-expert. Oakley, the experienced traffic officer, is on the expert side of the same line.

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