Regina v Nelson [1999] NSWCCA 221

Regina v Nelson [1999] NSWCCA 221

The picture identification evidence had substantial probative value, particularly because it was supported by tattoo evidence and resemblance evidence, and its probative value was not outweighed by the danger of unfair prejudice; on the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the challenged offences.

Jurisdiction
Australia
Judgment Date
10 August 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From District Court Convictions
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.
Legal Topics
['picture Identification Evidence' 'discretion to Exclude Evidence' 'unfair Prejudice' 'unsafe and Unsatisfactory Verdict' 'armed Robbery']
['criminal Law' 'evidence Law'] ['picture Identification Evidence' 'discretion to Exclude Evidence' 'unfair Prejudice' 'unsafe and Unsatisfactory Verdict' 'armed Robbery']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From District Court Convictions

Legal Issues

  1. 1 ['Whether the trial judge wrongly admitted evidence of picture identification by photograph by not excluding it under s 137 of the Evidence Act 1995.' 'Whether the convictions for the offences alleged to have occurred on 29 June 1996 were unsafe and unsatisfactory.' 'Whether leave to appeal against sentence arose if the conviction appeal failed.']

Ratio Decidendi

The picture identification evidence had substantial probative value, particularly because it was supported by tattoo evidence and resemblance evidence, and its probative value was not outweighed by the danger of unfair prejudice; on the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the challenged offences.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Application for leave to appeal against sentence dismissed.']