NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Aslett v R [2009] NSWCCA 188 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10/07/09
JUDGMENT DATE: 29 July 2009
JUDGMENT OF: Allsop P at 1; Kirby J at 2; Johnson J at 82
(1) Appeal allowed. DECISION: (2) Convictions quashed and sentences set aside. (3) The appellant should have a new trial.
CATCHWORDS: CRIMINAL LAW - appeal and new trial - identification evidence - in-court identification - failure by trial judge to discharge jury - failure to direct jury that evidence of no value on identification issue - failure to specify weaknesses in identification evidence - the displacement effect - application of the PROVISO - conviction not inevitable.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995
CATEGORY: Principal judgment
Crofts v The Queen (1996) 186 CLR 427 Qoro v Regina [2008] NSWCCA 220 R v Taufua (unreported, NSWCCA, 11.11.96) R v Tahere [1999] NSWCCA 170 Festa v The Queen [2001] HCA 72; (2001) 208 CLR 593 CASES CITED : Domican v The Queen [1991-1992] 173 CLR 555 Davies & Cody v The King [1937] 57 CLR 170 Alexander v The Queen [1980-1981] 145 CLR 395 R v Akgul [2002] VSCA 222; (2002) 5 VR 537 at 543 R v Skaf [2004] NSWCCA 37 R v Adamson (unreported, NSWCCA, 26.11.92) Evans v The Queen [2007] HCA 59; (2007) 235 CLR 521
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate