Regina v Demiroz [2003] NSWCCA 146

Regina v Demiroz [2003] NSWCCA 146

The identification evidence was a significant and crucial part of the Crown case, because the principal issue was whether the appellant was the man observed carrying stolen objects and later removed from the van. Once identification evidence was admitted, s 116 of the Evidence Act 1995 required the trial judge to caution the jury about the special need for caution and the reasons for it. The failure to give any such directions or warnings was an error of law. Although the Crown case was strong, the Court could not conclude that the omission did not deprive the appellant of a fairly open chance of acquittal, so the proviso to s 6(1) of the Criminal Appeal Act 1912 was not applied.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Criminal Appeal / Appeal Against Convictions in the Penrith District Court on Two Counts of Aggravated Break, Enter and Steal and One Count of Drive Vehicle Taken Without Consent of Owner.
Outcome
Appeal allowed, convictions quashed, new trial ordered on all counts.
Legal Topics
['identification Evidence' 'jury Directions' 'miscarriage of Justice' 'criminal Appeal Proviso' 'aggravated Break, Enter and Steal' 'drive Vehicle Taken Without Consent of Owner']
['criminal Law' 'evidence'] ['identification Evidence' 'jury Directions' 'miscarriage of Justice' 'criminal Appeal Proviso' 'aggravated Break, Enter and Steal' 'drive Vehicle Taken Without Consent of Owner']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Convictions in the Penrith District Court on Two Counts of Aggravated Break, Enter and Steal and One Count of Drive Vehicle Taken Without Consent of Owner.

Legal Issues

  1. 1 ['Whether the trial judge erred by failing to direct and warn the jury about the dangers of identification evidence as required by s 116 of the Evidence Act 1995.' 'Whether the trial miscarried by reason of the failure to direct the jury in accordance with s 165 of the Evidence Act 1995.' 'Whether the proviso to s 6(1) of the Criminal Appeal Act 1912 should be applied despite the absence of identification directions and warnings.']

Ratio Decidendi

The identification evidence was a significant and crucial part of the Crown case, because the principal issue was whether the appellant was the man observed carrying stolen objects and later removed from the van. Once identification evidence was admitted, s 116 of the Evidence Act 1995 required the trial judge to caution the jury about the special need for caution and the reasons for it. The failure to give any such directions or warnings was an error of law. Although the Crown case was strong, the Court could not conclude that the omission did not deprive the appellant of a fairly open chance of acquittal, so the proviso to s 6(1) of the Criminal Appeal Act 1912 was not applied.

Court Disposition

Appeal allowed, convictions quashed, new trial ordered on all counts.

Orders

  • ['The appeal be allowed.' 'The convictions be quashed.' 'That there be a new trial on all counts.']