NSW Caselaw
Reported Decision : 164 A Crim R 489
New South Wales Court of Criminal Appeal
CITATION: Evans v Regina [2006] NSWCCA 277
HEARING DATE(S): 22/05/2006
JUDGMENT DATE: 7 September 2006
JUDGMENT OF: James J at 1; Hidden J at 290; Hoeben J at 292
EX TEMPORE JUDGMENT DATE: 09/04/2006
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW: - appeal against conviction - armed robbery - whether items of clothing similar to those worn by robber found at accused's home admissible - whether permissible for prosecutor to show witnesses items of clothing and ask them to comment upon them - whether permissible for Crown prosecutor to have accused put on item of clothing and repeat words of robber - rejection of alibi evidence because of absence of notice - failure of trial judge to give any or adequate reasons for rulings during trial - application of proviso
Evidence Act 1995 LEGISLATION CITED: Criminal Procedure Act Criminal Appeal Act
R v Kirby (unreported 2000 NSWCCA 330 Scott v Numurkah Corporation (1954) 91 CLR 300 R v Milat (NSWSC Hunt CJ at CL 12 April 1996 FD v Regina [2006] NSWCCA 31 Bulejcik v The Queen (1994-1995) 185 CLR 375 KNP v Regina [2006] NSWCCA 213 CASES CITED: Skondin v Regina [2005] NSWCCA 417 Harris v Regina NSWCCA (2005) 432 Fleming v The Queen (1998) 197 CLR 250 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 Niass v Regina [2005] NSWCCA 120 Weiss v The Queen (2005) 80 ALJR 444
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