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[2006] VSCA 138
General information, not legal advice.
Court of Appeal (Vic)
2006-06-27
BUCHANAN, NETTLE, JJ.A. and BONGIORNO, A.J.A.
Original judgment source is linked above.
The application for leave to appeal against conviction is granted.
The convictions entered on 9 March 2005 are quashed and it is ordered that the appellant be re-tried.
A certificate under s.14 of the Appeal Costs Act 1998 is granted to the appellant.
[1] The complainant is 176 cm tall.
[2] Who later disappeared.
[3] Domican v. The Queen [1992] HCA 13; (1992) 173 C.L.R. 555 at 565.
[4] R. v. Mackaway [2005] VSCA 229 at [17].
[5] Cross on Evidence, Aust Ed. at [19005]; Fox v. General Medical Council [1960] 1 W.L.R. 1017 at 1024.
[6] Weiss v. R. [2005] HCA 81 at [41]; Darkan v. The Queen [2006] HCA 34 at [94].
[7] [1995] HCA 30; (1995) 69 A.L.J.R. 612 at 615; see also R. v. Clune (No. 2) [1996] VicRp 1; [1996] 1 V.R. 1 at 5.
[8] [1992] HCA 56; (1992) 175 C.L.R. 495 at 502-3.
[9] [1936] HCA 23; (1936) 55 C.L.R. 367 at 375.
[10] See R. v. Clune (No. 2) [1996] VicRp 1; [1996] 1 V.R. 1 at 5.
[11] Shepherd v. The Queen [1990] HCA 56; (1990) 170 C.L.R. 573 at 580.
[12] ie. "Having been shown a photograph, the memory of it may be more clearly retained than the memory of the original sighting of the offender and may, accordingly, displace that original memory." Alexander v. The Queen (1981) 145 C.L.R. at 409, per Stephen, J.
[13] ie. " ... the production in evidence at the trial of photographs coming from the possession of the police is very likely to suggest to the jury that the person photographed had a police record, probably for offences of the kind in question." Alexander v. The Queen (1981) 145 C.L.R. at 400-401, per Gibbs, C.J.
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Hackett [2006] VSCA 138