Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Honeysett v R [2013] NSWCCA 135 Hearing dates: 2 May 2013 Decision date: 05 June 2013 Before: Macfarlan JA at [1]
Campbell J at [77]
Barr AJ at [78]Decision: Appeal dismissed.
Catchwords: EVIDENCE - robbery of hotel - opinion evidence - s 79 Evidence Act 1995 - expert evidence of comparisons of CCTV images of offender and images of appellant - common anatomical features identified - evidence not given that there was "a high level of anatomical similarity" between offender and appellant - Morgan v R 215 A Crim R 33 distinguished - whether admissible as expert opinion evidence - whether based on specialised knowledge - whether witness qualified as an ad hoc expert
CRIMINAL LAW - appeal - whether verdict unreasonable or insupportable having regard to evidence - appeal dismissedLegislation Cited: Evidence Act 1995 Cases Cited: Butera v Director of Public Prosecutions (Vic) [1987] HCA 58; 164 CLR 180
Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588
Festa v The Queen [2001] HCA 72; 208 CLR 593
Li v The Queen [2003] NSWCCA 290; 139 A Crim R 281
Morgan v R [2011] NSWCCA 257; 215 A Crim R 33
Murdoch v The Queen [2007] NTCCA 1; 167 A Crim R 329
Smith v The Queen [2001] HCA 50; 206 CLR 650
R v Dastagir [2013] SASC 26
R v Gardner [2004] EWCA Crim 1639
R v Leung [1999] NSWCCA 287; 47 NSWLR 405
R v Tang [2006] NSWCCA 167; 65 NSWLR 681
SKA v The Queen [2011] HCA 13; 243 CLR 400
The Queen v Hillier [2007] HCA 13; 228 CLR 618
The Queen v Keenan [2009] HCA 236; CLR 397Category: Principal judgment Parties: Anthony Charles Honeysett (Appellant)
Regina (Respondent)Representation: Counsel:
D Barrow (Appellant)
J H Pickering SC (Respondent)
Solicitors:
Blair Criminal Lawyers (Appellant)
S Kavanagh - Solicitor for Public Prosecutions (Respondent)
File Number(s): 2009/60929 Decision under appeal
- Jurisdiction:
- 9101
- Citation:
- R v Anthony Charles Honeysett
- Date of Decision:
- 2011-08-26 00:00:00
- Before:
- Bozic DCJ
- File Number(s):
- 2009/60929
Judgment
MACFARLAN JA: Late on 17 September 2008, after closing time, three armed men entered the Narrabeen Sands Hotel, confronted the three employees present and robbed the business of $4,800 in cash. One offender (referred to in this judgment as the "First Offender") carried a pink-handled hammer, another a shortened shotgun and the third "something long". Each offender was wearing dark clothes with "a white pillow or T-shirt wrapped around his head". They fled in what was later alleged to have been a stolen Audi RS 4 vehicle which bore separately stolen number plates.
Subsequently the appellant was charged with armed robbery contrary to s 97(2) of the Crimes Act 1900, it being alleged that he was the First Offender. After a plea of not guilty and a trial before a jury, he was convicted of the offence charged.…
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- Honeysett v The Queen [2013] NSWCCA 135
- Case
- [2013] NSWCCA 135
- Decision Date
CaseChat Overview and Summary
The court carefully considered the nature of the expert opinion provided, which involved identifying common anatomical features between the CCTV images of the offender and the appellant, without concluding that there was a high level of anatomical similarity. This analysis distinguished the current case from Morgan v R, where the court had found that the opinion evidence was not based on specialised knowledge. In the present case, the court found that the witness's opinion was indeed based on specialised knowledge, as it involved the analysis of CCTV footage and the identification of anatomical features. The court further held that the witness was qualified as an ad hoc expert under the Evidence Act.
The court concluded that the opinion evidence was properly admitted and provided a valid basis for the jury's verdict. It found that the verdict was neither unreasonable nor insupportable, and therefore dismissed the appeal. The decision underscores the importance of the proper qualification and basis of expert opinion evidence in criminal cases, particularly in the context of CCTV image comparisons.
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
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Ratio Decidendi
Legal Principle Established
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