Regina v Iyman Derbas and ors [2004] NSWSC 972

New South Wales Supreme Court

CITATION : Regina v Iyman Derbas and ors [2004] NSWSC 972 HEARING DATE(S) : 23 August 2004 JUDGMENT DATE : 23 August 2004

JUDGMENT OF : Dunford J DECISION : Evidence admitted

CATCHWORDS : CRIMINAL LAW - Evidence - identification - examination of photographs shown by Crime Commission - not pictures kept for use by police officers - whether picture identification evidence - prior refusal of identification parade - whether further offer required - whether unfair prejudice - WORDS and PHRASES - picture identification evidence LEGISLATION CITED : Evidence Act CASES CITED : R v Gee (2000) 113 A Crim R 376 Regina v Iyman Derbas PARTIES : Regina v Sham Zreika Regina v Mohamed Rustom Regina v Ahmed Cheikho aka Ahmed Ebaid FILE NUMBER(S) : SC 70240/03; 70242/03; 70093/03; 70241/03 J L A Bennett SC - Crown G J Drake - Derbas COUNSEL : L M McSpedden - Zreika P A Beale/A Moen - Rustom C Simpson - Cheikho S Kavanagh - Crown William OBrien - Derbas SOLICITORS : Macelbing Mednis & Associates - Zreika Sir Owen Dixon Chambers - Rustom Voros Lawyers - Cheikho

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

MONDAY, 23 AUGUST 2004

70240/03 - REGINA v IYMAN DERBAS 70242/03 - REGINA v SHAM ZREIKA 70093/03 - REGINA v MOHAMED RUSTOM 70241/03 - REGINA v AHMED CHEIKHO

JUDGMENT - on admissibility of identification evidence re witness Mostyn; see p 505 of transcript 1 HIS HONOUR: The next witness proposed to be called by the Crown is John Mostyn, who was at 4 January 2002 another prisoner at Parklea Correctional Centre. On 9 August 2002, he answered questions at the Crime Commission and described various events and persons that he saw and was then shown somewhere between six and twelve photographs, possibly seven, all of which, with one exception, had numbers appearing on their face.