Regina v F A P [1999] NSWCCA 278

Regina v F A P [1999] NSWCCA 278

The appeal was dismissed because the trial judge's discretion to admit the photographic identification evidence did not miscarry, the proposed fresh evidence was not sufficiently cogent to create a significant possibility of acquittal, and it was open to the jury to reject the alibi and be satisfied beyond reasonable doubt of the appellant's guilt.

Jurisdiction
Australia
Judgment Date
06 September 1999
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court Conviction; Application for Leave to Appeal Against Sentence Not Pressed
Outcome
Appeal dismissed
Legal Topics
['robbery in Circumstances of Aggravation' 'photographic Identification Evidence' 'identification Parade' 'unreasonable Verdict' 'fresh Evidence' 'alibi']
['criminal Law' 'criminal Procedure' 'evidence'] ['robbery in Circumstances of Aggravation' 'photographic Identification Evidence' 'identification Parade' 'unreasonable Verdict' 'fresh Evidence' 'alibi']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court Conviction; Application for Leave to Appeal Against Sentence Not Pressed

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence of photographic identification of the appellant.' 'Whether a new trial should be ordered on the basis of fresh evidence from Mr Perry Cunningham.' "Whether the jury's verdict was unreasonable or could not be supported having regard to the evidence."]

Ratio Decidendi

The appeal was dismissed because the trial judge's discretion to admit the photographic identification evidence did not miscarry, the proposed fresh evidence was not sufficiently cogent to create a significant possibility of acquittal, and it was open to the jury to reject the alibi and be satisfied beyond reasonable doubt of the appellant's guilt.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']