R v Kaine Dargan [2015] NSWDC 121

R v Kaine Dargan [2015] NSWDC 121

It was reasonably practicable to produce a photograph of the accused after he was taken into custody using a handheld camera in the charge room, such a photograph could have been used in the photo array without unfair prejudice. Therefore, the identification evidence was inadmissible under s115 of the Evidence Act 1995.

Parties
Prosecutor: Regina (Crown); Accused: Kaine Dargan
Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Criminal / Trial Ruling on Admissibility of Evidence
Outcome
Jury discharged. Identification evidence ruled inadmissible. Trial cannot proceed with jury.
Legal Topics
Identification Evidence, Picture Identification, Admissibility of Evidence
Criminal Law Evidence Identification Evidence Picture Identification Admissibility of Evidence

Case Brief

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Parties

Regina (Crown)

Prosecutor

Kaine Dargan

Accused

Procedural Posture

Criminal / Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether picture identification evidence was admissible under s115 of the Evidence Act 1995
  2. 2 Whether it was reasonably practicable to obtain a photograph of the accused after he was taken into custody for use in the photo array

Ratio Decidendi

It was reasonably practicable to produce a photograph of the accused after he was taken into custody using a handheld camera in the charge room, such a photograph could have been used in the photo array without unfair prejudice. Therefore, the identification evidence was inadmissible under s115 of the Evidence Act 1995.

Court Disposition

Jury discharged. Identification evidence ruled inadmissible. Trial cannot proceed with jury.

Orders

  • Evidence of Ms Bozicevic identifying the accused by means of the photo array is ruled inadmissible.
  • Jury is discharged.