R v Ross (No. 3) [2020] NSWDC 196

R v Ross (No. 3) [2020] NSWDC 196

The photoboard identification evidence is admissible because it does not create the impression of police custody, the prior familiarity between victim and accused makes it reasonable not to have held an identification parade, and the risk of unfair prejudice from the victim's later encounter with the accused does not outweigh the probative value of the evidence. Appropriate judicial warnings mitigate residual risks.

Jurisdiction
Australia
Judgment Date
28 April 2020
Procedural Posture
Criminal / Evidentiary Ruling on Admissibility of Identification Evidence (voir Dire)
Outcome
Objection to photoboard identification evidence rejected; evidence admitted.
Legal Topics
['identification Evidence' 'recognition Evidence' 'photo Identification Parade' 'discretion to Exclude Evidence']
['criminal Law' 'evidence Law'] ['identification Evidence' 'recognition Evidence' 'photo Identification Parade' 'discretion to Exclude Evidence']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling on Admissibility of Identification Evidence (voir Dire)

Legal Issues

  1. 1 ['Whether picture identification evidence should be admitted where accused was in police custody' "Whether photoboard evidence is affected by victim's later encounter with accused" 'Whether it was reasonable not to conduct an identification parade' 'Whether evidence should be excluded under Evidence Act s 135 or 137 due to risk of unfair prejudice']

Ratio Decidendi

The photoboard identification evidence is admissible because it does not create the impression of police custody, the prior familiarity between victim and accused makes it reasonable not to have held an identification parade, and the risk of unfair prejudice from the victim's later encounter with the accused does not outweigh the probative value of the evidence. Appropriate judicial warnings mitigate residual risks.

Court Disposition

Objection to photoboard identification evidence rejected; evidence admitted.

Orders

  • ['Evidence on the voir dire will be evidence in the trial.']