Regina v Perese [2001] NSWCCA 467
Because the conviction involved wrongly admitted police recognition evidence and the photographs were not so deficient that the appellant should not stand trial again, the serious nature of the alleged armed robbery and the source of the miscarriage justified allowing the appeal, quashing the verdict, and ordering a new trial.
- Jurisdiction
- Australia
- Judgment Date
- 13 December 2001
- Procedural Posture
- Criminal Appeal Against Conviction and Appeal With Respect to Severity of Sentence / Court of Criminal Appeal
- Outcome
- Appeal allowed; verdict quashed; new trial ordered.
- Legal Topics
- ['armed Robbery' 'identification Evidence' 'recognition Evidence From Photographs' 'wrongful Admission of Evidence' 'new Trial']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal Against Conviction and Appeal With Respect to Severity of Sentence / Court of Criminal Appeal
Legal Issues
- 1 ['Whether recognition evidence by a police officer identifying the appellant in bank security photographs was wrongly admitted.' 'Whether the conviction should be quashed and a new trial ordered rather than no retrial.']
Ratio Decidendi
Because the conviction involved wrongly admitted police recognition evidence and the photographs were not so deficient that the appellant should not stand trial again, the serious nature of the alleged armed robbery and the source of the miscarriage justified allowing the appeal, quashing the verdict, and ordering a new trial.
Court Disposition
Appeal allowed; verdict quashed; new trial ordered.
Orders
- ['Appeal allowed.' 'The verdict is quashed' 'Order a new trial.']
Full Case Text
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