R v Murray [1999] NSWCCA 402

R v Murray [1999] NSWCCA 402

Evidence of photographic identification was properly admitted and did not cause a miscarriage of justice. Although impermissible questions were asked during cross-examination, the nature, context, and answers were such that no substantial miscarriage of justice arose. The appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Criminal Appeal / Judgment of Court of Criminal Appeal
Outcome
appeal dismissed
Legal Topics
['identification' 'photographic Evidence' 'improper Cross Examination']
['criminal Law'] ['identification' 'photographic Evidence' 'improper Cross Examination']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment of Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether Her Honour erred in admitting evidence of identification from photographs' 'Whether improper cross-examination by Crown prosecutor led to miscarriage of justice']

Ratio Decidendi

Evidence of photographic identification was properly admitted and did not cause a miscarriage of justice. Although impermissible questions were asked during cross-examination, the nature, context, and answers were such that no substantial miscarriage of justice arose. The appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • []