Regina v Daley [2002] NSWSC 279

Regina v Daley [2002] NSWSC 279

The tendency and coincidence evidence, DNA evidence, picture, object, and voice identification evidence were admissible. The tendency and coincidence evidence met the statutory threshold of significant probative value and substantially outweighed any prejudicial effect. DNA evidence, though obtained via police actions directed at covert collection, did not amount to impropriety or breach of law given the accused's commission of offences and urgency in protecting potential victims; alternatively, any impropriety was outweighed by the evidence's importance and reliability. Identification evidence was admitted as police acted fairly and impracticability justified use of earlier photographs....

Parties
Prosecutor: Crown; Defendant: Anthony James Daley
Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Criminal / Pre Trial Evidentiary Rulings and Admissibility
Outcome
Evidence admitted
Legal Topics
Detaining for Advantage, Sexual Assault, Aggravated Sexual Assault, Attempted Sexual Assault, Armed Robbery, Indecent Assault, Admissibility of Evidence, Tendency and Coincidence Evidence, DNA Evidence, Separate Trials, Illegally or Improperly Obtained Evidence, Impropriety, Picture, Object, Voice Identification
Criminal Law Evidence Detaining for Advantage Sexual Assault Aggravated Sexual Assault Attempted Sexual Assault Armed Robbery Indecent Assault +7 more

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Parties

Crown

Prosecutor

Anthony James Daley

Defendant

Procedural Posture

Criminal / Pre Trial Evidentiary Rulings and Admissibility

Legal Issues

  1. 1 Admissibility of tendency and coincidence evidence under Evidence Act 1995
  2. 2 Admissibility of DNA evidence allegedly obtained improperly
  3. 3 Admissibility of picture identification evidence under Evidence Act 1995 s 115

Ratio Decidendi

The tendency and coincidence evidence, DNA evidence, picture, object, and voice identification evidence were admissible. The tendency and coincidence evidence met the statutory threshold of significant probative value and substantially outweighed any prejudicial effect. DNA evidence, though obtained via police actions directed at covert collection, did not amount to impropriety or breach of law given the accused's commission of offences and urgency in protecting potential victims; alternatively, any impropriety was outweighed by the evidence's importance and reliability. Identification evidence was admitted as police acted fairly and impracticability justified use of earlier photographs....

Court Disposition

Evidence admitted

Orders

  • Tendency and coincidence evidence admitted
  • DNA evidence from breath test container, T-shirt, and buccal swab admitted