Regina v Daley [2001] NSWSC 1211

Regina v Daley [2001] NSWSC 1211

The proposed tendency and coincidence evidence was admissible because the repeated features of the attacks, considered with the DNA and other identification evidence, had significant probative value and that probative value substantially outweighed prejudice. The DNA evidence was not shown to have been improperly or illegally obtained; even if aspects of the breath test or T-shirt evidence involved impropriety, the seriousness of the offences, urgency, reliability and importance of the evidence justified admission. The photographic, voice and object identification evidence was obtained with sufficient fairness and had probative value for the jury to assess, so it was admitted.

Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Criminal Prosecution on Indictment / Pre Trial Voir Dire and Evidentiary Rulings on the Accused's Notice of Motion
Outcome
The challenged Crown evidence was ruled admissible.
Legal Topics
['detaining for Advantage' 'aggravated Sexual Assault' 'attempted Sexual Assault' 'armed Robbery' 'indecent Assault' 'tendency Evidence' 'coincidence Evidence' 'dna Evidence' 'picture Identification Evidence' 'voice Identification Evidence' 'object Identification Evidence' 'improperly or Illegally Obtained Evidence' 'separate Trials']
['criminal Law' 'evidence'] ['detaining for Advantage' 'aggravated Sexual Assault' 'attempted Sexual Assault' 'armed Robbery' 'indecent Assault' 'tendency Evidence' 'coincidence Evidence' 'dna Evidence' 'picture Identification Evidence' 'voice Identification Evidence' 'object Identification Evidence' 'improperly or Illegally Obtained Evidence' 'separate Trials']

Case Brief

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Procedural Posture

Criminal Prosecution on Indictment / Pre Trial Voir Dire and Evidentiary Rulings on the Accused's Notice of Motion

Legal Issues

  1. 1 ["Whether the Crown's proposed evidence of common features across the alleged attacks was tendency evidence and/or coincidence evidence and was admissible under the Evidence Act 1995." 'Whether the probative value of the tendency and coincidence evidence substantially outweighed its prejudicial effect on the accused.' 'Whether DNA evidence obtained from a breath test container, a T-shirt and buccal swabs should be excluded as improperly or illegally obtained evidence.' 'Whether photographic identification evidence from complainants was inadmissible under s 115 of the Evidence Act 1995 or should be excluded for unfairness.' 'Whether voice identification evidence should be excluded under ss 135 or 137 of the Evidence Act 1995.' 'Whether object identification evidence concerning clothing, knives and screwdrivers had sufficient probative value to be admitted.']

Ratio Decidendi

The proposed tendency and coincidence evidence was admissible because the repeated features of the attacks, considered with the DNA and other identification evidence, had significant probative value and that probative value substantially outweighed prejudice. The DNA evidence was not shown to have been improperly or illegally obtained; even if aspects of the breath test or T-shirt evidence involved impropriety, the seriousness of the offences, urgency, reliability and importance of the evidence justified admission. The photographic, voice and object identification evidence was obtained with sufficient fairness and had probative value for the jury to assess, so it was admitted.

Court Disposition

The challenged Crown evidence was ruled admissible.

Orders

  • ['The tendency and coincidence evidence would be admitted in full.' 'All evidence relating to DNA testing would be admitted.' 'The evidence of photographic identification would be admitted.' 'The voice identification evidence would be admitted.' 'The object identification evidence would be admitted.']