R v West [1999] NSWCCA 325

New South Wales Court of Criminal Appeal CITATION : R v West [1999] NSWCCA 325 FILE NUMBER(S) : CCA 60533/98 HEARING DATE(S) : 16/09/99 JUDGMENT DATE : 21 October 1999

PARTIES : Lee West (appellant) Regina (respondent) JUDGMENT OF : Sheller JA at 1; Grove J at 2; Hidden J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0220 LOWER COURT JUDICIAL OFFICER : Herron DCJ

COUNSEL : M Austin (appellant) M M Cunneen (respondent) SOLICITORS : Sydney Regional Aboriginal Corporation Legal Service (appellant) Director of Public Prosecutions (respondent) CATCHWORDS : Criminal law - evidence - identification of accused by police from bank security photos - whether admissible - whether opinion evidence - whether unfair/prejudicial ACTS CITED : Evidence Act 1995 CASES CITED: R v Mundarra Smith [1999] NSWCCA 317 DECISION : Appeal dismissed.

IN THE COURT OF

CRIMINAL APPEAL 60533/98

SHELLER JA GROVE J HIDDEN J

Thursday, 21 October 1999

REGINA v Lee WEST JUDGMENT

1 SHELLER JA: I agree with Hidden J.

IN THE COURT OF CRIMINAL APPEAL

60533/98

SHELLER JA GROVE J HIDDEN J

Thursday 21 October 1999

REGINA v LEE WEST

JUDGMENT

2 GROVE J : I agree with Hidden J.

IN THE COURT OF CRIMINAL APPEAL 60533/98

SHELLER JA GROVE J HIDDEN J

Thursday, 21 October 1999 REGINA v LEE WEST

Reasons for judgment

3 HIDDEN J: The appellant, Lee West, was tried in the District Court with another man upon an indictment containing two charges: (1) robbery with corporal violence at the St George Bank at Ramsgate on 5 December 1997; and (2) on the same day, knowingly being carried in a Holden Commodore sedan which had been taken without its owner's consent. He was found guilty of both charges and custodial sentences were imposed. He appeals against conviction only.