Tang v WA

[2010] WASCA 30

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Whether proposed ground reasonably arguable
5. › Whether delay adequately explained
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Directions to jury
5. › Distinction between positive identification and circumstantial evidence
6. › Whether Domican warning required where witness does not give positive identification
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Directions to jury
5. › Duty to isolate and identify weaknesses in identification evidence
6. › Whether failure to refer to absence of facial feature description constitutes error
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Displacement effect
5. › Whether prior sightings of offender at same venue give rise to displacement effect warning

Quick Take

Where a witness does not give positive identification evidence, a full Domican warning is not required; the trial judge need only give a direction appropriate to the nature and quality of the evidence. Prior sightings of a person at the same venue that enable a witness to recognise the offender do not give rise to the displacement effect described in Alexander v The Queen. Criminal appeal notices should be filed promptly based on trial counsel's assessment, not delayed pending fresh counsel's review of the entire trial.