Regina v HENNESSY [2001] NSWCCA 36

Regina v HENNESSY [2001] NSWCCA 36

The appeal failed because the similarities between the two robberies were sufficient to justify a joint trial and the similar fact directions correctly stated the law; the security camera photograph was real evidence of the robbery and not picture identification evidence within s 115 of the Evidence Act 1995, and the jury received adequate cautions about identification evidence; the directions on possession of the hand gun and circumstantial evidence were adequate in the context of the issues actually raised at trial; the motor vehicle ground was not pursued; and the aggregate sentence was appropriate given the seriousness, planning, use and discharge of a firearm, injury caused,...

Jurisdiction
Australia
Judgment Date
27 February 2001
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal From the District Court
Outcome
Appeal against conviction dismissed; appeal against sentence dismissed.
Legal Topics
['armed Robbery' 'larceny of a Motor Vehicle' 'separate Trials' 'similar Fact Evidence' 'picture Identification Evidence' 'security Camera Photographs' 'circumstantial Evidence' 'possession of a Firearm' 'appeal Against Sentence']
['criminal Law' 'evidence' 'sentencing' 'criminal Procedure'] ['armed Robbery' 'larceny of a Motor Vehicle' 'separate Trials' 'similar Fact Evidence' 'picture Identification Evidence' 'security Camera Photographs' 'circumstantial Evidence' 'possession of a Firearm' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal From the District Court

Legal Issues

  1. 1 ['Whether the trial Judge erred in refusing separate trials for the two armed robberies and related motor vehicle counts.' 'Whether the trial Judge erred in directing the jury as to similar fact evidence or tendency evidence.' 'Whether a security camera photograph of the Unanderra robbery was inadmissible under s 115 of the Evidence Act 1995.' 'Whether the trial Judge failed to give adequate directions or a special caution about identification evidence and the use of the security camera photograph.' 'Whether the trial Judge failed to direct adequately on possession of the hand gun connected with the Unanderra robbery.' 'Whether the trial Judge failed to direct adequately on circumstantial evidence.' 'Whether the trial Judge misdirected or failed to direct on the elements of larceny of motor vehicles.' 'Whether the verdicts were unsafe and unsatisfactory.' 'Whether the sentence was excessive.']

Ratio Decidendi

The appeal failed because the similarities between the two robberies were sufficient to justify a joint trial and the similar fact directions correctly stated the law; the security camera photograph was real evidence of the robbery and not picture identification evidence within s 115 of the Evidence Act 1995, and the jury received adequate cautions about identification evidence; the directions on possession of the hand gun and circumstantial evidence were adequate in the context of the issues actually raised at trial; the motor vehicle ground was not pursued; and the aggregate sentence was appropriate given the seriousness, planning, use and discharge of a firearm, injury caused,...

Court Disposition

Appeal against conviction dismissed; appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Appeal against sentence dismissed.']