Smith v The Queen [2001] HCA 50

Smith v The Queen [2001] HCA 50

The police officers' evidence of recognition of the accused in bank security camera photographs was opinion evidence based on information no different from that available to the jury; such evidence was irrelevant as it could not rationally affect the assessment of the jury and therefore should have been excluded; in the alternative, even if relevant, it fell foul of the opinion rule with no applicable exception, entitling the appeal and requiring a new trial.

Parties
Appellant: Mundarra Doolan Smith; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
16 August 2001
Procedural Posture
Criminal Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia
Outcome
appeal allowed; conviction and sentence quashed; new trial ordered
Legal Topics
Identification Evidence, Relevance, Opinion Evidence, Admissibility
Criminal Law Evidence Law Identification Evidence Relevance Opinion Evidence Admissibility

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 5 Authorities cited 43 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mundarra Doolan Smith

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether evidence of recognition by police officers of the accused in bank security camera photographs was relevant and admissible under the Evidence Act 1995 (NSW)
  2. 2 Whether such evidence should have been excluded as inadmissible opinion evidence under s 76 of the Evidence Act 1995 (NSW)

Ratio Decidendi

The police officers' evidence of recognition of the accused in bank security camera photographs was opinion evidence based on information no different from that available to the jury; such evidence was irrelevant as it could not rationally affect the assessment of the jury and therefore should have been excluded; in the alternative, even if relevant, it fell foul of the opinion rule with no applicable exception, entitling the appeal and requiring a new trial.

Court Disposition

appeal allowed; conviction and sentence quashed; new trial ordered

Orders

  • Appeals allowed.
  • Order of the Court of Criminal Appeal of New South Wales of 21 October 1999 set aside.