Director of Public Prosecutions (NSW) v Walford [2011] NSWSC 759

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Walford [2011] NSWSC 759 Hearing dates: 18 July 2011 Decision date: 29 July 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) Appeal allowed. (2) Set aside the order of Magistrate Eckhold made 25 January 2011 at Dubbo Local Court dismissing the proceedings commenced against the Defendant for the offence of knowingly contravening a prohibition specified in an apprehended violence order. (3) Remit the matter to the Local Court to be dealt with according to law. Catchwords: CRIMINAL LAW - evidence - judicial discretion to admit or exclude evidence - visual identification evidence - whether it was reasonable not to have held an identification parade - Complainant knew Defendant - s 114 Evidence Act - whether "identification" includes out-of-court identification. Legislation Cited: Evidence Act 1995 Interpretation Act 1987 Cases Cited: DPP v Donald [1999] NSWSC 949 R v Benjamin John Taylor [2008] ACTSC 52 R v D [2008] ACTSC 82 R v David Taufua (unreported, Supreme Court of New South Wales, Court of Criminal Appeal, 11 November 1996) R v Tahere [1999] NSWCCA 170 R v Thomason [1999] ACTSC 112 R v Trudgett (2007) 70 NSWLR 696 Regina v Fredrick Valdez Ford (unreported - Sup Ct, Barr J - 22 April 1998). Category: Principal judgment Parties: Solicitor for Public Prosecutions (NSW) (Plaintiff) Aaran Walford (Defendant) Representation: I Bourke (Plaintiff) C Smith (Defendant) Solicitor for Public Prosecutions (Plaintiff) S Oliver (Defendant) File Number(s): 2011/137698 Decision under appeal Date of Decision: 2011-01-25 00:00:00 Before: Magistrate Eckhold File Number(s): 2010/341306