Regina v Pera [2000] NSWCCA 109

Regina v Pera [2000] NSWCCA 109

The exclusion of identification evidence did not destroy the substance of the Crown's case; the lower court's ruling was a discrete pre-trial evidentiary ruling and s5F was therefore not available for a Crown appeal.

Jurisdiction
Australia
Judgment Date
17 March 2000
Procedural Posture
Criminal Appeal / Appeal Against Pre Trial Evidentiary Ruling
Outcome
Appeal dismissed
Legal Topics
['pre Trial Ruling' 'exclusion of Identification Evidence' 'appeal Against Interlocutory Ruling']
['criminal Law and Procedure'] ['pre Trial Ruling' 'exclusion of Identification Evidence' 'appeal Against Interlocutory Ruling']

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 / Appeal Against Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether appeal lies against a pre-trial ruling excluding identification evidence under s5F of the Criminal Appeal Act 1912']

Ratio Decidendi

The exclusion of identification evidence did not destroy the substance of the Crown's case; the lower court's ruling was a discrete pre-trial evidentiary ruling and s5F was therefore not available for a Crown appeal.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']