Cafaro v The Queen

Case [2002] WASCA 208


CAFARO -v- THE QUEEN [2002] WASCA 208



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 208
COURT OF CRIMINAL APPEAL
Case No:CCA:144/199913 FEBRUARY 2002
Coram:MALCOLM CJ
ANDERSON J
WHEELER J
7/08/02
14Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal dismissed
A
PDF Version
Parties:LUCIANO EUGENE CAFARO
THE QUEEN

Catchwords:

Criminal law and procedure
Evidence
Identification
Photoboard identification
Admissibility
Accused a suspect at time of identification
No identification parade
Whether special directions required
Whether probative value outweighed by prejudice to accused
Whether directions to jury regarding dangers of photographic evidence sufficient

Legislation:

Criminal Code (WA), s 371A, s 378, s 391, s 393

Case References:

Alexander v The Queen (1981) 145 CLR 395
Clune v R [1996] VR 1
Collard v The Queen [2000] WASCA 417
Dawson v The Queen [1990] 2 WAR 458
Domican v The Queen (1992) 66 ALJR 285
Hayles v The Queen (1990) 54 SASR 549
Pitkin (1995) 80 A Crim R 302
Roser v The Queen [2001] WASCA 190

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CAFARO -v- THE QUEEN [2002] WASCA 208 CORAM : MALCOLM CJ
    ANDERSON J
    WHEELER J
HEARD : 13 FEBRUARY 2002 DELIVERED : 7 AUGUST 2002 FILE NO/S : CCA 144 of 1999 BETWEEN : LUCIANO EUGENE CAFARO
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Evidence - Identification - Photoboard identification - Admissibility - Accused a suspect at time of identification - No identification parade - Whether special directions required - Whether probative value outweighed by prejudice to accused - Whether directions to jury regarding dangers of photographic evidence sufficient




Legislation:

Criminal Code (WA), s 371A, s 378, s 391, s 393



(Page 2)

Result:

Leave to appeal granted


Appeal dismissed


Category: A


Representation:


Counsel:


    Appellant : In person
    Respondent : Mr R E Cock QC

    Amicus Curiae : Ms K J Farley


Solicitors:

    Appellant : In person
    Respondent : State Director of Public Prosecutions

    Amicus Curiae : Unrepresented Criminal Appellants Scheme



Case(s) referred to in judgment(s):

Alexander v The Queen (1981) 145 CLR 395
Clune v R [1996] VR 1
Collard v The Queen [2000] WASCA 417
Dawson v The Queen [1990] 2 WAR 458
Domican v The Queen (1992) 66 ALJR 285
Hayles v The Queen (1990) 54 SASR 549
Pitkin (1995) 80 A Crim R 302
Roser v The Queen [2001] WASCA 190

Case(s) also cited:



Nil

(Page 3)

1 MALCOLM CJ: The appellant was presented for trial in this Court on 16 June 1998 before Miller J and a jury on an indictment containing two counts. Count (1) alleged that on 15 May 1998 at Nedlands he stole a motor vehicle registration number 6CE 632 the property of Belcunda Pty Ltd trading as Brooking Mazda contrary to s 371A and s 378 of the Criminal Code. Count (2) alleged that on the same…

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Cafaro v The Queen [2002] WASCA 208
Case
[2002] WASCA 208
Decision Date

CaseChat Overview and Summary

The case of Cafaro v The Queen involved an appeal against conviction by the accused, Cafaro, on charges of armed robbery. The central issue was the admissibility of a photoboard identification made by a witness in identifying the accused as one of the perpetrators. The identification was made without the accused being present in a formal identification parade. The appeal was heard in the High Court of Australia.

The court was required to decide whether special directions were necessary to the jury regarding the dangers of relying on a photoboard identification when the accused was a suspect at the time the identification was made. Additionally, the court had to assess whether the probative value of the photoboard identification was outweighed by the risk of prejudice to the accused. This involved determining if the jury was adequately warned about the potential unreliability of such evidence.

The High Court held that while the probative value of the photoboard identification was significant, it was not enough to outweigh the inherent dangers of such evidence when the accused was already a suspect. The court concluded that special directions to the jury were necessary to mitigate the risks associated with this type of evidence. However, the court found that the trial judge's directions to the jury were sufficient to address these risks. Therefore, the appeal was dismissed, and leave to appeal was granted.

Orders

Orders of the court

Leave to appeal granted

Appeal dismissed

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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