NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Marsh [2005] NSWCCA 331
HEARING DATE(S): 14 July 2005
JUDGMENT DATE: 20 September 2005
JUDGMENT OF: Studdert J at 1; Kirby J at 43; Howie J at 44
DECISION: Appeal dismissed.
CATCHWORDS: Criminal law - admissibility of evidence - armed robbery of bank - images of robber captured by bank's security cameras - photo developed published in newspaper - evidence of recognition by appellant's sister - whether admissible.
LEGISLATION CITED: Evidence Act, ss 76, 79, 137
R v Goodall (1982) VR 33 R v Palmer (1981) 1 NSWLR 209 R v Smith (1987) VR 907 R v Smith (1998) 47 NSWLR 419 Reg v Browne & Angus (1951) 99 CCC 141 CASES CITED: Reg v Griffith (1995) 79 A Crim R 725 R v Kirby [2000] NSWCCA 330 Reg v Leaney & Rawlinson (1988) 38 CCC (3d) 263 R v Leung (1999) 47 NSWLR 405 Rix v DPP (unreported, NSWCCA, 29 June 1989) Smith v The Queen (2001) 206 CLR 650
PARTIES: Regina v Robert William Marsh
FILE NUMBER(S): CCA 2005/589
G. Rowling (Crown) COUNSEL: S. Corish (Appellant)
S. Kavanagh (Crown) SOLICITORS: S.E. O'Connor (Appellant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0276
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/589
STUDDERT J KIRBY J HOWIE J
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