Francisco v R [2019] NSWDC 720

Francisco v R [2019] NSWDC 720

The appeal was dismissed because the identification evidence was found to be credible, the alibi evidence was not compelling, and no legal, factual, or discretionary error by the magistrate was established. Independently, the trial judge was satisfied beyond reasonable doubt of the appellant's guilt.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Criminal Appeal / Appeal From Local Court Conviction
Outcome
appeal dismissed
Legal Topics
['appeal From Local Court' "district Court's Powers on Rehearing" 'identification Evidence' 'alibi']
['criminal Law'] ['appeal From Local Court' "district Court's Powers on Rehearing" 'identification Evidence' 'alibi']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal From Local Court Conviction

Legal Issues

  1. 1 ['Reliability of identification evidence' 'Absence of evidence linking offences to appellant' 'Rejection of alibi' 'Findings contrary to evidence']

Ratio Decidendi

The appeal was dismissed because the identification evidence was found to be credible, the alibi evidence was not compelling, and no legal, factual, or discretionary error by the magistrate was established. Independently, the trial judge was satisfied beyond reasonable doubt of the appellant's guilt.

Court Disposition

appeal dismissed

Orders

  • ['Appeals dismissed.' 'Orders of Magistrate confirmed.']