Thomas John Wellington v Queen [1985] FCA 397

Thomas John Wellington v Queen [1985] FCA 397

The identification evidence was admissible in the trial judge’s discretion, proper warnings were given, there was no error in refusing to withdraw the case from the jury, and the verdict was not unsafe.

Parties
Appellant: Thomas John Wellington; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
16 August 1985
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Identification Evidence, Judicial Discretion, Withdrawal of Case From Jury, Unsafe Verdicts
Criminal Law Identification Evidence Judicial Discretion Withdrawal of Case From Jury Unsafe Verdicts

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas John Wellington

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in admitting identification evidence given by two witnesses
  2. 2 Whether the trial judge erred in not withdrawing the case from the jury on the basis that it would be unsafe to convict
  3. 3 Whether the Court should set aside the conviction as unsafe

Ratio Decidendi

The identification evidence was admissible in the trial judge’s discretion, proper warnings were given, there was no error in refusing to withdraw the case from the jury, and the verdict was not unsafe.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.