Davies v R [1937] HCA 27

Davies v R [1937] HCA 27

The combination of unreliable identification evidence, obtained without proper safeguards and without adequate jury warning, and the subsequent recantation of a key prosecution witness (Stevens), whose evidence was material to the convictions, meant that it was unsafe and unsatisfactory to allow the verdicts and sentences to stand. Therefore, the convictions were set aside and a new trial was ordered.

Parties
Applicant: Rupert Davies; Applicant: William John Cody; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Criminal / Application for Special Leave to Appeal to High Court From the Supreme Court of Victoria (court of Criminal Appeal)
Outcome
Appeals allowed. Verdicts and sentences set aside. New trial ordered.
Legal Topics
Evidence, Identification Evidence, Recantation of Witness Testimony, Appeal
Criminal Law Evidence Identification Evidence Recantation of Witness Testimony Appeal

Case Brief

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Parties

Rupert Davies

Applicant

William John Cody

Applicant

The King

Respondent

Procedural Posture

Criminal / Application for Special Leave to Appeal to High Court From the Supreme Court of Victoria (court of Criminal Appeal)

Legal Issues

  1. 1 Whether identification evidence obtained without safeguards is sufficient to support a conviction
  2. 2 Whether recantation of a prosecution witness' evidence after trial is grounds to set aside a conviction and order a new trial

Ratio Decidendi

The combination of unreliable identification evidence, obtained without proper safeguards and without adequate jury warning, and the subsequent recantation of a key prosecution witness (Stevens), whose evidence was material to the convictions, meant that it was unsafe and unsatisfactory to allow the verdicts and sentences to stand. Therefore, the convictions were set aside and a new trial was ordered.

Court Disposition

Appeals allowed. Verdicts and sentences set aside. New trial ordered.

Orders

  • Special leave to appeal granted to both applicants.
  • Set aside order of Supreme Court dismissing appeal constituted by reference of Attorney-General dated 5 April 1937.