Bliesner v The Queen

This matter concerned an application for special leave to appeal to the High Court of Australia by Denbeigh Owen Bliesner. The applicant sought to appeal against a judgment of the Court of Criminal Appeal, which had dismissed his appeal against a conviction. The core of the dispute revolved around the admissibility of certain evidence presented at trial.

The legal issue before the High Court was whether evidence detailing the physical and emotional reactions of an identification witness at the time of making an identification was admissible. Specifically, the applicant sought to argue that this aspect of the witness's testimony, which described her physiological and emotional responses, should not have been admitted.

The Court was informed that the complainant identified the applicant as her assailant, who had posed as a vacuum cleaner salesman. At the time of identification, the complainant exhibited significant physical and emotional reactions, including feeling "high," sweating, and feeling sick. The applicant's legal team indicated that while the fact of the identification itself was not challenged, the admissibility of the description of these reactions was the point of contention. The applicant's counsel noted that while no objection was taken at trial, the point was argued before the Court of Criminal Appeal, though it appeared not to have been specifically taken on the record. The evidence in question was drawn from the testimony of the complainant and other witnesses present at the identification.