Walford v Director of Public Prosecutions (NSW) [2012] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Walford v Director of Public Prosecutions (NSW) [2012] NSWCA 290 Hearing dates: 15 May 2012 Decision date: 17 September 2012 Before: Beazley JA; at [1] Basten JA; at [5] Hoeben JA; at [34] Decision: Leave to appeal granted but appeal dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - visual identification evidence - meaning of s 114 Evidence Act 1995 (NSW) - what was the relevant act of identification - what was the act of identification to which the question objected to was addressed - does the section refer to out of court visual identification as well as in court visual identification - whether reasonable to have held an identification parade - correct interpretation and application of s 114. Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 56, 59 Evidence Act 1995 (NSW), ss 113, 114; Pt 3.9 Cases Cited: Alexander v R [1981] HCA 17; 145 CLR 395 Director of Public Prosecutions (NSW) v Walford [2011] NSWSC 759 DPP v Donald and Anor [1999] NSWSC 949 R v Buchanan [2004] NSWSC 816; 152 A Crim R 302 R v D [2008] ACTSC 82 R v Reed and Carberry [2003] ACTSC 6 R v Rose [2002] NSWCCA 455; 55 NSWLR 701 R v Taufua (unrep, NSWCCA, 11 November 1996) R v Taylor [2008] ACTSC 52 R v Thomason [1999] ACTSC 112 Regina v Ford (NSWSC, unreported, 22 April 1998 Trudgett v R [2008] NSWCCA 62; 70 NSWLR 696 Category: Principal judgment Parties: Aaran Walford - Applicant Director of Public Prosecutions (NSW) - Respondent Representation: Counsel: Mr C Smith/Ms L Jardim - Applicant Mr I Bourke - Respondent Solicitors: Aboriginal Legal Service (NSW/ACT) Ltd - Applicant SC Kavanagh, Solicitor for Public Prosecutions - Respondent File Number(s): 2011/137698 Decision under appeal Citation: [2011] NSWSC 759 Date of Decision: 2011-07-29 00:00:00 Before: Davies J File Number(s): 2011/137698