header-logo header-logo

Experts & circumstantial evidence

17 March 2023 / Dr Chris Pamplin
Issue: 8017 / Categories: Features , Profession , Expert Witness , Procedure & practice
printer mail-detail
114784
Aggregation of evidence is for the jury, not the expert, as Chris Pamplin explains
  • In cases involving circumstantial evidence, experts must restrict themselves to the primary evidence within their field of expertise.

The case of R v Olive and others [2022] EWCA Crim 1141 gave the Court of Appeal the opportunity to restate the way experts should handle circumstantial evidence. While jurors can bring together strands of evidence, circumstantial or otherwise, from different experts to form a judgement, to what extent can experts do the same to support their opinions?

The facts of the case

The appellant, Micheala Olive, along with two others, had been convicted of murder following a fatal shooting. There were no witnesses to the shooting, but two witnesses had heard the shot, observed a white car with its engine running, and seen four or five unidentified men running from the crime scene. The other evidence in the case was CCTV footage of a similar white car, evidence obtained from mobile phone location tracking, spent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll