Whitney v. Regina [2006] NSWCCA 243

New South Wales Court of Criminal Appeal

CITATION: Whitney v. Regina [2006] NSWCCA 243

HEARING DATE(S): 8 May 2006

JUDGMENT DATE: 14 August 2006

JUDGMENT OF: Hodgson JA at 1; Grove J at 24; Adams J at 25

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Identification from photographs - Jury able to compare photographs with person before them - Appellant does not attend court on the appeal - Whether possible to say the jury could not reasonably be satisfied, beyond reasonable doubt, of identity of offender.

PARTIES: Shayne Nathan Whitney - appellant Regina - respondent

FILE NUMBER(S): CCA 2006/341

COUNSEL: Mr. A.P. Cook for appellant Ms. V. Lydiard for respondent

SOLICITORS: Steve O'Connor, Legal Aid Commission, for appellant S. Kavanagh, Solicitor for Public Prosecutions, for respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): D04/11/1440

LOWER COURT JUDICIAL OFFICER: Nicholson DCJ

LOWER COURT DATE OF DECISION: 19 August 2005

IN THE COURT OF CRIMINAL APPEAL CCA 2006/341 DC 04/11/1440

HODGSON JA GROVE J ADAMS J

Monday 14 August 2006 WHITNEY Shayne Nathan v. REGINA Judgment 1 HODGSON JA: On 21 March 2005, the appellant was indicted before Nicholson DCJ on the charge that he: On 29 August 2004 at Longueville in the State of New South Wales did rob Nicholas Marshall of a sum of money and two packets of cigarettes, the property of Vafimo Pty. Limited, trading as Caltex Starshop, Longueville. 2 The appellant pleaded not guilty, and was tried before his Honour and a jury. On 24 March 2005, the jury returned a verdict of guilty. 3 On 19 August 2005, the appellant was sentenced to a non-parole period of 1 year 6 months to commence on 21 September 2004 and expire on 20 March 2006, with the balance of term of 12 months to expire on 20 March 2007.