Walford v Director of Public Prosecutions (NSW) [2012] NSWCA 290

Walford v Director of Public Prosecutions (NSW) [2012] NSWCA 290

Section 114 of the Evidence Act 1995 (NSW) applies to both in-court and out-of-court visual identification evidence. The act of identification relevant for s 114 is when the witness first makes the identification (in this case, to police at or about the time of the alleged offence). Since it would not have been reasonable or practicable to have held an identification parade before that time, the statutory exception applied and the evidence was admissible. The magistrate erred in law by focusing on the in-court identification and thus, the District Court's decision to remit the matter for determination according to law was correct; the challenge to that approach failed.

Parties
Applicant: Aaran Walford; Respondent: Director of Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
17 September 2012
Procedural Posture
Application for Leave to Appeal and Appeal (criminal) / Court of Appeal Decision on Application for Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Visual Identification Evidence, Construction of S 114 Evidence Act 1995 (nsw), Identification Parades, Admissibility of Identification Evidence
Criminal Law Evidence Visual Identification Evidence Construction of S 114 Evidence Act 1995 (nsw) Identification Parades Admissibility of Identification Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Aaran Walford

Applicant

Director of Public Prosecutions (NSW)

Respondent

Procedural Posture

Application for Leave to Appeal and Appeal (criminal) / Court of Appeal Decision on Application for Leave and Substantive Appeal

Legal Issues

  1. 1 Proper construction and application of s 114 Evidence Act 1995 (NSW): does it apply only to in-court identifications or also to out-of-court identifications?
  2. 2 At what point in time is the reasonableness of holding an identification parade to be assessed under s 114?
  3. 3 Meaning of 'the identification' in s 114(2)(a) and of 'such a parade' in s 114(2)(b) and (c).

Ratio Decidendi

Section 114 of the Evidence Act 1995 (NSW) applies to both in-court and out-of-court visual identification evidence. The act of identification relevant for s 114 is when the witness first makes the identification (in this case, to police at or about the time of the alleged offence). Since it would not have been reasonable or practicable to have held an identification parade before that time, the statutory exception applied and the evidence was admissible. The magistrate erred in law by focusing on the in-court identification and thus, the District Court's decision to remit the matter for determination according to law was correct; the challenge to that approach failed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.