SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2014 0134 | |
| JOHN REID | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | REDLICH, WEINBERG and WHELAN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 21 August 2014 |
| DATE OF JUDGMENT: | 21 November 2014 |
| MEDIUM NEUTRAL CITATION: | [2014] VSCA 295 |
| JUDGMENT APPEALED FROM: | DPP v Reid (Unreported, County Court of Victoria, Judge Patrick, 3 March 2014 (Conviction)) |
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CRIMINAL LAW – Armed robbery and recklessly causing serious injury – Description of offenders by victim inconsistent with victim’s photo board identification of the applicant – Whether photo board identification ‘recognition’ of offender seen prior to the offence – Whether evidence of photo board identification should have been excluded pursuant to s 137 of the Evidence Act 2008 – Whether verdicts unsafe and unsatisfactory – Leave to appeal against conviction refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms C Randazzo SC | Doogue O’Brien George |
| For the Crown | Ms S Flynn | Mr C Hyland, Solicitor for Public Prosecutions |
REDLICH JA
WEINBERG JA
WHELAN JA:
Following a trial in the County Court, the applicant was convicted of armed robbery, acquitted of intentionally causing serious injury and convicted of the alternative charge of recklessly causing serious injury. His co-offender, Jay Appleby, was found guilty of the same charges.
The applicant seeks leave to appeal against his conviction on the following grounds:
1.The learned trial judge erred in ruling admissible the evidence of the photo board identification, as it was evidence:
(a)amounting to evidence of ‘recognition’ as opposed to identification; and
(b) which had little probative value; and/or
(c)in which the danger of unfair prejudice to the applicant outweighed the probative value.
2.The verdicts of guilty are unsafe and unsatisfactory, in that:
(a)it was not reasonably and logically open to the jury to find the applicant was the first male and/or one of the two offenders, based on all the evidence, and in particular the description of the first male [said to be the applicant] as being a person with blond hair and wearing light coloured trousers (not tracksuit pants); and
(b)in light of the evidence, the finding by the jury, as to the two offenders being the applicant and [co-offender] Appleby, was ‘factually inconsistent’ and represented an ‘affront to logic and common sense’.[1]
[1]Citations omitted.
For the reasons that follow, we would refuse leave to appeal.
Background
Circumstances of the offending
The circumstances of the offending were as follows.
At around 2am on 13 August 2012, the victim, Ivan Basile, and his associate Shannon Thomas met a group of three men in the car-park of the Middle Hotel in Ferntree Gully. The three men were the applicant, Appleby and Paul Uhe. The purpose of the meeting was for Thomas to sell a quantity of the drug ‘ice’ (methylamphetamine). Basile had a conversation with the applicant. After a short time, all five men entered the car being driven by Basile, and he drove them to a residential address where Thomas went inside for about 10 minutes. The others remained…
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- and John Reid v The Queen [2014] VSCA 295
- Case
- [2014] VSCA 295
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the evidence of the photo board identification should have been excluded under section 137 of the Evidence Act 2008, and whether the verdicts were unsafe and unsatisfactory. The court considered the reliability of the photo board identification and the circumstances in which it was obtained. The court also considered the victim's description of the offenders and whether it was a "recognition" of the offender seen prior to the offence. The court held that the evidence of the photo board identification was reliable and admissible, and that the verdicts were safe and satisfactory. The court rejected the applicant's arguments and refused leave to appeal against conviction.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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