By Thomas Spohr -
Key decisions
- Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172
- Comer v R [2025] NSWCCA 164
Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172
Evidence – expert evidence – section 177 certificates
In this decision, the Supreme Court held a certificate under section 177 of the Evidence Act 1995 (NSW) (‘Evidence Act’) is not required to comply with all the usual requirements for expert evidence. So long as it complies with the terms of s 177 and there is no written objection, the certificate—and therefore the opinion—is admissible in the proceedings.
The defendant was a juvenile. In the Children’s Court, a Magistrate acquitted him of a charge of unauthorised possession of a pistol, contrary to section 7(1) of the Firearms Act 1996 (NSW) (‘Firearms Act’).
