> Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed. - *Opinion* is not defined. - Drawing an inference is an opinion, we want the court to do that. - Smith v R (2001) 206 CLR, re opinion evidence and CCTV. - It is not the witnesses job to draw an inference. ## Examples - He wanted to kill me - She knew it would upset me - The car was in an unsafe condition for driving - If it hit me, I would have died - "We are not adducing this evidence to prove the victim would have died, I am adducing this evidence to prove that the victim was terrified." - He knew it was unlocked # Exceptions - Evidence admitted for another purposes (s77) - Admissions often related to this; e.g. accused says "cannabis smells delicious"; that is opinion, but permissible as admission. - Lay opinion (s78) - e.g. witness says "I got on lift, there was a creepy guy, he undressed me with his eyes" - This is lay opinion, because it is showing the emotive aspect of the victim. - e.g. "The accused was being difficult" - This is opinion, but exception via Lay Opinion, it provides adequate account of what occurred. - ATSI laws customs (s78A) - Specialised Knowledge (s79) - Doesn't use the word *expert*, it uses *specialised knowledge*.