NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Keenan MUNDINE [2008] NSWCCA 55
HEARING DATE(S): 15 February 2008
JUDGMENT DATE: 18 March 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Simpson J at 3
DECISION: Appeals allowed. Judgments of Solomon DCJ of 15 November 2007 and 19 November 2007 set aside.
CATCHWORDS: CRIMINAL LAW – Crown appeal against excluding evidence – exclusion such as to eliminate or substantially weaken Crown case – identification evidence – whether risk of unfair prejudice outweighed probative value – credibility and reliability not relevant to determination of probative value – evidence to be considered on the assumption that it is accepted by the jury – weight of the evidence may be taken into account when assessing unfair prejudice
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995
CATEGORY: Principal judgment
Adam v The Queen [2001] HCA 57; 207 CLR 96 Alexander v The Queen [1981] HCA 17; 145 CLR 395 Edwards v The Queen [1993] HCA 63; 178 CLR 193 CASES CITED : Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 R v Cook [2004] NSWCCA 52 R v Rahme [2004] NSWCCA 233 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228
PARTIES: Regina (Applicant) Keenan Mundine (Respondent)
FILE NUMBER(S): CCA 2007/5329
COUNSEL: L Lamprati SC (Applicant) H White (Respondent)
SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions (Applicant) Heenan & Company (Respondent)
LOWER COURT JURISDICTION: District Court
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