REGINA v SMITH [1999] NSWCCA 317

Reported Decision : 47 NSWLR 419

New South Wales Court of Criminal Appeal CITATION : REGINA v SMITH [1999] NSWCCA 317 FILE NUMBER(S) : CCA 60555/98; 60261/99 HEARING DATE(S) : 16 September 1999 JUDGMENT DATE : 21 October 1999

PARTIES : Regina v Mundarra Smith JUDGMENT OF : Sheller JA at 1; Grove J at 27; Hidden J at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0742 LOWER COURT JUDICIAL OFFICER : Latham DCJ

COUNSEL : M Austin - Appellant M M Cunneen - Crown SOLICITORS : Sydney Regional Aboriginal Corporation Legal Service - Appellant S E O'Connor - Crown CATCHWORDS : CRIMINAL LAW - robbery - conviction - appeal on ground of wrongful admission of evidence - no error of law in admitting evidence; EVIDENCE - identification of accused by police officers from still pictures - whether opinion evidence - not opinion evidence but direct evidence that person in picture was the accused ACTS CITED : Evidence Act 1995 R v Palmer (1981) 1 NSWLR 209 R W Miller & Co Pty Ltd v Krupp (Australia) Pty Ltd (1991) 34 NSWLR 129 CASES CITED: Allstate Life Insurance Co Ltd v Australian and New Zealand Banking Group Ltd (No 5) (1996) 64 FCR 73 Domican v The Queen (1992) 173 CLR 555 Alexander v The Queen (1981) 145 CLR 395 House v The King (1936) 55 CLR 499 DECISION : Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL

60555/98 60261/99

SHELLER JA GROVE J HIDDEN J

REGINA v Mundarra SMITH The appellant was found guilty of robbery from a bank and sentenced to a minimum term of 3 years and 10 months penal servitude.

During the trial evidence of several police officers who had identified the appellant from still pictures developed from the bank's security camera film was admitted.