NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v G [2005] NSWCCA 291
HEARING DATE(S): Wednesday 9 February 2005
JUDGMENT DATE: 25 August 2005
JUDGMENT OF: Grove J at 1; Hidden J at 1; Bell J at 1
DECISION: Appeal allowed, ruling of trial judge set aside, matter remitted to District Court.
CATCHWORDS: CRIMINAL LAW: - Appeal by Crown under s5F(3A) of Criminal Appeal Act - rejection of evidence of photograph of accused taken by police - accused a child - whether posing for the photograph amounted to an admission - whether Part 10A of Crimes Act complied with - exercise of discretion under s138, Evidence Act
Criminal Appeal Act 1912 Children (Criminal Proceedings) Act 1987 Evidence Act 1995 LEGISLATION CITED: Criminal Procedure Act 1986 Crimes Act 1900 Crimes (Detention After Arrest) Regulation Crimes (Forensic Procedures) Act 2000
R v Chami & Ors [2004] NSWCCA 36 R v Carr [1972] 1 NSWLR 608 The Queen v Ireland (1971-72) 126 CLR 321 Fullerton v Commissioner of Police [1984] 1 NSWLR 159 R v Horton (1998) 45 NSWLR 426 CASES CITED: Edwards v The Queen (1993) 178 CLR 193 A (a Child) (2000) 115 ACrim R1 R v Cook [2004] NSWCCA 52 R v Knight [2001] NSWCCA 114 R v Rondo [2001] 126 A Crim R 562 R v Sophear Em [2003] NSWCCA 374
Regina (appellant) PARTIES: G (respondent)
FILE NUMBER(S): CCA 2004/2700
P Hamill SC with C Waterstreet (respondent) COUNSEL: GE Smith SC with MM Cuneen (Crown)
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