R v Tahere [1999] NSWCCA 170

R v Tahere [1999] NSWCCA 170

On the material before the Court, the Crown had not established that it would not have been reasonable to hold an identification parade at the time of trial or at a time reasonable proximate to the trial. Therefore, s114(2) rendered the in-court identification evidence inadmissible. Admission of this evidence, even with judicial direction to give it little weight, resulted in a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
23 June 1999
Procedural Posture
Criminal Appeal / Appeal From Conviction After Jury Trial
Outcome
Appeal allowed; order a new trial
Legal Topics
['in Court Identification' 'admissibility of Evidence' 'identification Parade' 'miscarriage of Justice']
['criminal Law' 'evidence'] ['in Court Identification' 'admissibility of Evidence' 'identification Parade' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction After Jury Trial

Legal Issues

  1. 1 ['Whether s114 of the Evidence Act 1995 (NSW) applies to in-court identifications' 'Whether it was reasonable not to conduct an identification parade under s114(2) of the Evidence Act 1995 (NSW)' 'Admissibility of in-court identification evidence' 'Whether admission of in-court identification evidence resulted in a miscarriage of justice']

Ratio Decidendi

On the material before the Court, the Crown had not established that it would not have been reasonable to hold an identification parade at the time of trial or at a time reasonable proximate to the trial. Therefore, s114(2) rendered the in-court identification evidence inadmissible. Admission of this evidence, even with judicial direction to give it little weight, resulted in a miscarriage of justice.

Court Disposition

Appeal allowed; order a new trial

Orders

  • ['Appeal allowed.' 'Order a new trial.']