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17 March 2023 / Dr Chris Pamplin
Issue: 8017 / Categories: Features , Profession , Expert Witness , Procedure & practice
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Experts & circumstantial evidence

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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 firearm cartridges recovered from a drain, and gunshot residue (GSR)

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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