Regina v J W S Rose [No 10] [2001] NSWSC 1060

Regina v J W S Rose [No 10] [2001] NSWSC 1060

Although the argument against a warning had force, s165 is a general provision applying to evidence of a kind that may be unreliable and is not confined to the statutory definition of identification evidence concerning an accused. The same considerations that may make eyewitness identification of an accused unreliable applied to Mr Dawson's identification of the deceased, so it was appropriate to draw the jury's attention to the need to consider the reliability of that evidence and relevant issues bearing on it.

Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Criminal Trial / Ruling During Trial on Direction to Jury Concerning Identification Evidence
Outcome
The judge declined to tell the jury in terms that the identification evidence may be unreliable, but would draw the jury's attention to the need to consider its reliability and the issues they may think appropriate to address.
Legal Topics
['jury Directions' 'identification Evidence' 'unreliable Evidence Warning' 'evidence Act 1995 S165' 'evidence Act 1995 S116']
['criminal Law' 'evidence' 'criminal Procedure'] ['jury Directions' 'identification Evidence' 'unreliable Evidence Warning' 'evidence Act 1995 S165' 'evidence Act 1995 S116']

Case Brief

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Procedural Posture

Criminal Trial / Ruling During Trial on Direction to Jury Concerning Identification Evidence

Legal Issues

  1. 1 ['Whether the Crown should receive a warning under s165 of the Evidence Act 1995 that evidence identifying the deceased may be unreliable where that evidence is favourable to the accused and inconsistent with the Crown case.' 'Whether s165 of the Evidence Act 1995 can apply by analogy to identification of a person other than the accused despite the Dictionary definition of identification evidence.']

Ratio Decidendi

Although the argument against a warning had force, s165 is a general provision applying to evidence of a kind that may be unreliable and is not confined to the statutory definition of identification evidence concerning an accused. The same considerations that may make eyewitness identification of an accused unreliable applied to Mr Dawson's identification of the deceased, so it was appropriate to draw the jury's attention to the need to consider the reliability of that evidence and relevant issues bearing on it.

Court Disposition

The judge declined to tell the jury in terms that the identification evidence may be unreliable, but would draw the jury's attention to the need to consider its reliability and the issues they may think appropriate to address.

Orders

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