Baquayee v Regina [2006] NSWCCA 103

Baquayee v Regina [2006] NSWCCA 103

Grounds of appeal were not sustained; there was no error by the trial judge in admitting identification evidence, the inclusion of alternative counts did not involve double jeopardy, and jury directions regarding silence were adequate to circumstances.

Jurisdiction
Australia
Judgment Date
03 April 2006
Procedural Posture
Criminal Appeal / Application for Extension of Time and Appeal Against Conviction
Outcome
extension of time to appeal granted; appeal against conviction dismissed
Legal Topics
['trial Procedure' 'in Court Identification' 'double Jeopardy' 'jury Directions' 'right to Silence']
['criminal Law'] ['trial Procedure' 'in Court Identification' 'double Jeopardy' 'jury Directions' 'right to Silence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Extension of Time and Appeal Against Conviction

Legal Issues

  1. 1 ['admissibility of in-court identification evidence under s 114 Evidence Act 1995' 'whether alternative counts in indictment violate double jeopardy principles' "adequacy of judge's warning regarding accused's silence at trial"]

Ratio Decidendi

Grounds of appeal were not sustained; there was no error by the trial judge in admitting identification evidence, the inclusion of alternative counts did not involve double jeopardy, and jury directions regarding silence were adequate to circumstances.

Court Disposition

extension of time to appeal granted; appeal against conviction dismissed

Orders

  • ['extension of time to appeal granted' 'conviction appeal dismissed']