R v Taousanis [2001] NSWSC 75

R v Taousanis [2001] NSWSC 75

Evidence of witnesses recognising a boat in photographs is admissible as recognition evidence under s66 of the Evidence Act, since the witnesses' memory was fresh at the relevant time.

Jurisdiction
Australia
Judgment Date
07 February 2001
Procedural Posture
Criminal / Evidentiary Hearing on Admissibility
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'recognition Evidence' 'hearsay']
['criminal Law'] ['admissibility of Evidence' 'recognition Evidence' 'hearsay']

Case Brief

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Procedural Posture

Criminal / Evidentiary Hearing on Admissibility

Legal Issues

  1. 1 ["Is evidence of witnesses' recognition of an object in photographs admissible?" 'Does the Evidence Act 1995 exclude recognition evidence as hearsay?']

Ratio Decidendi

Evidence of witnesses recognising a boat in photographs is admissible as recognition evidence under s66 of the Evidence Act, since the witnesses' memory was fresh at the relevant time.

Court Disposition

Evidence admitted

Orders

  • ['The objection to recognition evidence is overruled.']