Haidari v R [2015] NSWCCA 126

Haidari v R [2015] NSWCCA 126

Officer Kiner's identification evidence was admissible as factual evidence given his direct and longstanding familiarity with the appellant within the detention centre; the evidence was not rendered inadmissible as opinion evidence, no miscarriage of justice was shown, and the evidence (including video footage) was sufficient to support the jury's verdict; thus, leave to rely on the ground was refused and the appeal dismissed.

Parties
Appellant: Ali Haidari; Respondent: Regina
Jurisdiction
Australia
Judgment Date
01 June 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed. Leave to rely on ground 1 refused. Extension of time granted for filing notice of appeal.
Legal Topics
Appeal Against Conviction, Identification Evidence, Opinion Evidence, Miscarriage of Justice, Unreasonable Verdict, Riot, Admissibility of Evidence
Criminal Law Appeal Against Conviction Identification Evidence Opinion Evidence Miscarriage of Justice Unreasonable Verdict Riot Admissibility of Evidence

Case Brief

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Parties

Ali Haidari

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether Officer Kiner's identification evidence was inadmissible as opinion evidence under s.76 Evidence Act 1995
  2. 2 Whether a miscarriage of justice occurred in admitting Officer Kiner's evidence
  3. 3 Whether the verdict was unreasonable

Ratio Decidendi

Officer Kiner's identification evidence was admissible as factual evidence given his direct and longstanding familiarity with the appellant within the detention centre; the evidence was not rendered inadmissible as opinion evidence, no miscarriage of justice was shown, and the evidence (including video footage) was sufficient to support the jury's verdict; thus, leave to rely on the ground was refused and the appeal dismissed.

Court Disposition

Appeal against conviction dismissed. Leave to rely on ground 1 refused. Extension of time granted for filing notice of appeal.

Orders

  • Time extended to 23 October 2014 for the Appellant to file a Notice of Appeal.
  • Leave refused under Rule 4 Criminal Appeal Rules to rely upon Ground 1.