Higgins v R [2021] NSWDC 724

District Court New South Wales

Medium Neutral Citation: Higgins v R [2021] NSWDC 724 Hearing dates: 28-29 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal against conviction dismissed. Appeal against severity of sentence allowed in part. Non-parole period reduced from 18 months to 15 months. Catchwords: CRIME – APPEAL AGAINST CONVICTION. EVIDENCE – IDENTIFICATION – Tribunal of Fact can identify offender in films without the need of there being other evidence – Identification by a former housemate (now a policeman) after 16 years of limited value. ADMISSIONS – Admissibility of a statement made by the offender during a search of his property when he had not been arrested, nor was he a protected suspect within LEPRA. Offender cautioned before each admission relied upon. LIES AS CONSCIOUSNESS OF GUILT – Denial of having a cap seen to be worn by him on CCTV in Mudgee shortly prior to offence where offender denied he was in Mudgee at the time. A cap of like name and type found in yard of offender's residence. Attempt to set up a false alibi. APPEAL AGAINST SENTENCE – Special circumstances to vary non-parole period. Legislation Cited: Crimes Act 1900 Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Edwards v R (1993) 178 CLR 193 Hunter v R [2011] NSWCCA 141 Robinson v Woolworths Limited [2005] NSWCCA 426 Texts Cited: Stephen Odgers Uniform Evidence Law (15th edition 2020) Category: Principal judgment Parties: Appellant Brendan Charles Higgins Respondent The Crown Representation: Appellant Toshi Weller-Wong Legal Aid (NSW) Respondent Jesse Friend Office of The Director of Public Prosecutions File Number(s): 2020/00087528 Publication restriction: Nil.