Regina v Barbaro; Regina v Rovere [2000] NSWCCA 192

Regina v Barbaro; Regina v Rovere [2000] NSWCCA 192

Evidence by police officers of what was said to them by the alleged identifiers was inadmissible under s59 Evidence Act 1995, as none of the memories satisfying s66(2)(b) freshness existed. The inclusion of identification evidence by observers, the manner of photographic compilation, and the cross-examination of witnesses combined to render the verdict unsafe. Appeals allowed for both appellants; a new trial ordered for Barbaro, acquittal for Rovere.

Jurisdiction
Australia
Judgment Date
26 May 2000
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals allowed
Legal Topics
['identification Evidence' 'hearsay' 'evidence Act 1995' 'separate Trials' 'abuse of Process' 'miscarriage of Justice']
['criminal Law'] ['identification Evidence' 'hearsay' 'evidence Act 1995' 'separate Trials' 'abuse of Process' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Admissibility of identification evidence by police officers' 'Interpretation and application of hearsay rule under Evidence Act 1995' 'Discretion to order new trial due to defective identification evidence' 'Fairness and probative value in photographic selection for witnesses' 'Whether joint trial caused unfair prejudice or miscarriage of justice' 'Whether substantial delay constituted abuse of process']

Ratio Decidendi

Evidence by police officers of what was said to them by the alleged identifiers was inadmissible under s59 Evidence Act 1995, as none of the memories satisfying s66(2)(b) freshness existed. The inclusion of identification evidence by observers, the manner of photographic compilation, and the cross-examination of witnesses combined to render the verdict unsafe. Appeals allowed for both appellants; a new trial ordered for Barbaro, acquittal for Rovere.

Court Disposition

Appeals allowed

Orders

  • ['Conviction and sentence quashed for Pasquale Barbaro; new trial ordered.' 'Conviction and sentence quashed for Carmelo Rovere; verdict and judgment of acquittal entered.']