DPP v DONALD & ANOR. [1999] NSWSC 949

DPP v DONALD & ANOR. [1999] NSWSC 949

The Magistrate erred in law in finding that the identification evidence of Anna Brielle Flinders was inadmissible under s 114(2) of the Evidence Act, because it was not reasonable to have held an identification parade before the initial identification, and so the evidence was not rendered inadmissible for want of a parade.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Appeal / Judgment
Outcome
Orders of the Magistrate set aside; matters remitted; costs ordered; indemnity certificates granted.
Legal Topics
['visual Identification Evidence' 'admissibility of Evidence' 'identification Parade' 'reasonableness of Holding Identification Parade']
['criminal Law' 'evidence'] ['visual Identification Evidence' 'admissibility of Evidence' 'identification Parade' 'reasonableness of Holding Identification Parade']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether visual identification evidence was inadmissible under s 114(2) of the Evidence Act 1995 (NSW)' 'Whether the Magistrate erred in law in dismissing the informations based on inadmissibility of identification evidence']

Ratio Decidendi

The Magistrate erred in law in finding that the identification evidence of Anna Brielle Flinders was inadmissible under s 114(2) of the Evidence Act, because it was not reasonable to have held an identification parade before the initial identification, and so the evidence was not rendered inadmissible for want of a parade.

Court Disposition

Orders of the Magistrate set aside; matters remitted; costs ordered; indemnity certificates granted.

Orders

  • ["Set aside Magistrate's orders rejecting evidence as inadmissible under s 114(2) of the Evidence Act 1995" 'Set aside orders dismissing informations charging defendants with armed robbery contrary to s 97(1) of the Crimes Act' 'Order proceedings be remitted to the Magistrate to be determined according to law'...