R v Matthew Thomas [2006] NSWDC 171

R v Matthew Thomas [2006] NSWDC 171

The photographic array did not suggest the persons depicted were in police custody as a whole, and thus did not violate s.115(2) Evidence Act 1995 (NSW); any danger of unfair prejudice from the photographic identification did not outweigh its probative value; however, evidence of claimed recognition from prior incidents was rejected as its prejudicial effect outweighed any probative value.

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Criminal / Pre Trial Voir Dire
Outcome
Photograph identification evidence admitted; recognition evidence from prior incidents excluded.
Legal Topics
['admissibility of Evidence' 'identification Evidence' 'photograph Array' 'recognition Evidence' 'prejudicial Effect' 'probative Value']
['criminal Law'] ['admissibility of Evidence' 'identification Evidence' 'photograph Array' 'recognition Evidence' 'prejudicial Effect' 'probative Value']

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Procedural Posture

Criminal / Pre Trial Voir Dire

Legal Issues

  1. 1 ['Whether identification evidence obtained from a photographic array is admissible under s.115(2) of the Evidence Act 1995 (NSW)' 'Whether the prejudicial effect of the identification evidence outweighs its probative value under s.137 of the Evidence Act 1995 (NSW)' 'Whether evidence of claimed recognition from prior incidents is admissible']

Ratio Decidendi

The photographic array did not suggest the persons depicted were in police custody as a whole, and thus did not violate s.115(2) Evidence Act 1995 (NSW); any danger of unfair prejudice from the photographic identification did not outweigh its probative value; however, evidence of claimed recognition from prior incidents was rejected as its prejudicial effect outweighed any probative value.

Court Disposition

Photograph identification evidence admitted; recognition evidence from prior incidents excluded.

Orders

  • ['Evidence of identification from photographic array admitted.' 'Evidence of claimed recognition from prior encounters rejected.']