AH-SEE v. HEILPERN & ANOR [2000] NSWSC 627

AH-SEE v. HEILPERN & ANOR [2000] NSWSC 627

A refusal to participate in an identification parade is not an 'admission' under s 424A of the Crimes Act and the Evidence Act definitions. Therefore, direct evidence of the refusal is admissible for the limited purpose of ruling on the admissibility of picture identification evidence under s 115(5) of the Evidence Act. Picture identification evidence was therefore properly admitted, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Appeal Under Pt 5 of the Justices Act 1902 / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['admissibility of Identification Evidence' 'admission of Evidence in Criminal Proceedings' "interpretation of 'admission' Under Evidence Act and Crimes Act"]
['criminal Law' 'evidence'] ['admissibility of Identification Evidence' 'admission of Evidence in Criminal Proceedings' "interpretation of 'admission' Under Evidence Act and Crimes Act"]

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Procedural Posture

Appeal Under Pt 5 of the Justices Act 1902 / Judgment on Appeal

Legal Issues

  1. 1 ["Whether a refusal to participate in an identification parade is an 'admission' affected by Crimes Act s 424A and Evidence Act definitions" 'Whether picture identification evidence was admissible under Evidence Act s 115(5)' 'Whether the refusal to participate was properly admitted for purposes of ruling on admissibility of picture identification evidence']

Ratio Decidendi

A refusal to participate in an identification parade is not an 'admission' under s 424A of the Crimes Act and the Evidence Act definitions. Therefore, direct evidence of the refusal is admissible for the limited purpose of ruling on the admissibility of picture identification evidence under s 115(5) of the Evidence Act. Picture identification evidence was therefore properly admitted, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']