Regina v Demiroz

[2003] NSWCCA 146

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Directions to jury
5. › Whether judge erred in not giving directions and warning on identification evidence
6. › Mandatory requirements of s 116 of the Evidence Act 1995 (NSW)
7. › Evidence Act 1995 (NSW), s 116
1. Criminal Law
2. › Appeal
3. › Proviso to Criminal Appeal Act
4. › Whether omission to give identification warning deprived appellant of chance of acquittal fairly open to him
5. › Criminal Appeal Act 1912 (NSW), s 6(1)
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Scope of s 116 of the Evidence Act 1995 (NSW)
5. › Whether s 116 confined to cases where admissibility of identification evidence contested
6. › Whether s 116 applies whenever identification evidence admitted
7. › Evidence Act 1995 (NSW), s 116

Quick Take

Section 116 of the Evidence Act 1995 (NSW) requires mandatory identification warnings whenever identification evidence is admitted, regardless of whether admissibility was contested. The section is broader than the common law Domican requirements. Failure to give such warnings constitutes an error of law that will not be cured by the proviso where identification is a significant part of the Crown case.