'Lay' Opinion Evidence of Sensations, Feelings and Opinions

Abstract

How does s 78 of the Evidence Act apply when a ‘lay’ person gives evidence of their sensations, feelings and opinions? The article also deals with related difficulties with the opinion rule, eg, there is no definition of ‘opinion’, the ‘necessity’ test in s 78(b) of the Act appears to be too high, and the true relation between ss 78 and 79 is not entirely clear.1 Some distinctions between the Uniform Evidence regime and the common law are referred to.