REGINA v NICHOLAS [1999] NSWCCA 433

REGINA v NICHOLAS [1999] NSWCCA 433

It was open to the jury to accept the identification evidence as both honestly and accurately made, and the jury were properly directed. Therefore, the conviction stands and the appeal is dismissed.

Parties
Respondent: The Crown; Appellant/applicant: Jason Wayne Nicholas
Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence adjourned
Legal Topics
Identification Evidence, Robbery in Company, Appeal Against Conviction, Application for Leave to Appeal Against Sentence
Criminal Law Identification Evidence Robbery in Company Appeal Against Conviction Application for Leave to Appeal Against Sentence

Case Brief

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Parties

The Crown

Respondent

Jason Wayne Nicholas

Appellant/applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the conviction was unreasonable and unsupported by the evidence
  2. 2 Whether the identification evidence was sufficient for the jury to find guilt beyond reasonable doubt

Ratio Decidendi

It was open to the jury to accept the identification evidence as both honestly and accurately made, and the jury were properly directed. Therefore, the conviction stands and the appeal is dismissed.

Court Disposition

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

Orders

  • Appeal against sentence dismissed
  • Application for leave to appeal against sentence adjourned to Registrar's call over on 13 December