NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : R v Tahere [1999] NSWCCA 170 revised - 05/07/99 FILE NUMBER(S) : CCA 60005/99 HEARING DATE(S) : 23 June 1999 JUDGMENT DATE : 23 June 1999
PARTIES : Regina v Addis TAHERE JUDGMENT OF : Spigelman CJ at 1; Studdert J at 38; Adams J at 39
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0374 LOWER COURT JUDICIAL OFFICER : Job DCJ
COUNSEL : J S Stratton (Appellant) P G Berman (Crown) SOLICITORS : T A Murphy (Appellant) C K Smith (Crown) CATCHWORDS : Evidence - in-court identification - Evidence Act 1995 s114 ACTS CITED : Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) CASES CITED: Taufua, unreported, NSWCCA, 11 November 1996 DECISION : Appeal allowed; Order a new trial
IN THE COURT OF
CRIMINAL APPEAL
60005/99
SPIGELMAN CJ STUDDERT J ADAMS J
Wednesday 23 June 1999 REGINA v Addis TAHERE
The appellant was charged with using an offensive instrument (a car) with intent to prevent lawful apprehension contrary to s33B of the Crimes Act 1900 (NSW). The Crown case was that the appellant was the driver of the vehicle and the only issue in the case was the identification of the appellant as the driver. Among various identification evidence was an in-court identification of the appellant.
Held (By the Court):
Section 114 of the Evidence Act applies to an in-court identification: Taufua, unreported, NSWCCA, 11 November 1996 applied.
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