R v Mackenzie

The appellant was convicted following a trial of dangerous operation of a motor vehicle causing grievous bodily harm while adversely affected by alcohol. The prosecution alleged that the appellant was driving on the incorrect side of the highway upon collision. The appellant submits that the expert opinion evidence of a trained forensic investigator who was at the collision scene for “at least an hour” and assisted another officer by identifying marks on the surface of the highway “or other items” for him to photograph was wrongfully admitted, resulting in a miscarriage of justice. It is submitted that the factual basis for the opinion was deficient and the jury were not furnished with criteria which enabled them to validate the conclusions made. It was submitted in the alternative that the evidence ought to be excluded on a discretionary basis.

The court considered whether the admissibility of the expert opinion evidence amounted to a miscarriage of justice. The court found that the opinion evidence was based on an identification and proof of facts which underpinned the opinion. The court found that the opinion evidence was properly admitted and there was no miscarriage of justice in the admission of the evidence. The court further found that the opinion evidence was not so deficient as to warrant exclusion on a discretionary basis. The court held that the opinion evidence was properly before the jury and its admission did not result in a miscarriage of justice. The court dismissed the appeal.

The appeal was dismissed. The conviction of the appellant was upheld.