District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Moffitt v R [2020] NSWDC 486 Hearing dates: 16 July 2020, 30 July 2020, 7 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: The appeal is upheld the conviction and other order of the Magistrate are set aside.
Catchwords: APPEALS - District Court - Appeal against conviction in Local Court
APPEALS - Nature of appeal - Appeal by rehearing - Error of law - Admissibility of evidence
CRIME – not paying for petrol – in what circumstances is this by deception dishonestly obtaining property belonging to another
EVIDENCE - Admissions - Criminal proceedings -Improperly obtained evidence - Exclusion of evidence - Requirement for recording admissions in s 281 Criminal Procedure Act 1986 not met - Notice of Demand - does s 14 Law (Enforcement Powers and Responsibilities) Act 2002 Notice of Demand require electronic recording if evidence is to be admitted in Table 1 Criminal Procedure Act 1986 offence proceedings – Whether evidence should be excluded - other discretions considered
EVIDENCE - Identification evidence - Visual identification from CCTV – comparison with appellant in court – necessary cautions
Legislation Cited: Crimes Act 1900
Crimes (Appeal and Review) Act 2001
Evidence Act 1995
Law Enforcement (Powers and Responsibilities) Act 2002
under Crimes (Appeal and Review) Act 2001
Cases Cited: Carr v Western Australia [2007] HCA 47;(2007) 232 CLR 138
Charara v The Queen (2006) 164 A Crim R 39
Director of Public Prosecutions (NSW) v Horwood [2009] NSWSC 1447; (2009) 78 NSWLR 32; (2009) 208 A Crim R 146
Director of Public Prosecutions v AG [2015] NSWCA 218
Dyason v Butterworth [2015] NSWCA 52
Edwards v Ddin (1976) Crim App R 218
Engelbrecht v Director of Public Prosecutions (NSW) [2016] NSWCA 290
Festa v The Queen [2001] HCA 72; (2001) 208 CLR 593
Gianoutis v Glykis (2006) 65 NSWLR 539
Kelly v The Queen [2004] HCA 12; (2004) 19 CLR 216
R v Barakat [2016] NSWSC (No 2) 1255
R v Coady (1996) WL 1092390
R v Collis-Smith (1971) Crim L R 717
R v Horton (1998) 45 NSWLR 426; R v Sharp [2004] NSWSC 1117
Texts Cited: Legislative Assembly Hansard, 12 /11/1998 - Police Powers (Vehicles) Bill 1998
Uniform Evidence Law 15th Ed, S Odgers.
Category: Principal judgment Parties: Chloe Moffitt (Appellant)
Director of Public Prosecutions (Respondent)Representation: Solicitors:
Mr T McKenzie, Legal Aid NSW
Ms A Bird, Director of Public Prosecutions
File Number(s): 2018/00279840
Judgment
Introduction
-
December 6th 2019 was a busy morning at Wollongong Local Court. Among many other matters Magistrate Douglass heard a defended hearing that alleged that on 28 July 2018 Chloe Moffitt had dishonestly…
Continue reading Moffitt v The Queen
Sign in free to access the full text
- AGLC
- Moffitt v The Queen [2020] NSWDC 486
- Case
- [2020] NSWDC 486
- Decision Date
CaseChat Overview and Summary
The central legal issues before the District Court were whether the evidence obtained from the police interview was admissible and, if not, whether the exclusion of this evidence was sufficient to set aside the conviction. The court had to consider whether the recording of the appellant's admissions complied with the requirements of section 281 of the Criminal Procedure Act 1986 (Qld) and whether any failure to comply mandated the exclusion of the evidence under section 138 of the same Act. Additionally, the court needed to address whether the evidence from a CCTV identification was properly before it and whether the necessary cautions were observed in relation to the identification of the appellant.
The District Court held that the recording of the appellant's admissions was not compliant with section 281 of the Criminal Procedure Act 1986 (Qld) because it was not made in the manner prescribed by the Act, and therefore, this evidence should have been excluded. The court also considered the impact of section 14 of the Law (Enforcement Powers and Responsibilities) Act 2002 (Qld), which requires a Notice of Demand to be given before certain evidence is obtained, but did not find that this section mandated electronic recording for admissibility under Table 1 offences. The court found that the exclusion of the improperly obtained evidence was a significant error that affected the safety of the conviction. The court also found that the identification evidence from the CCTV was properly before it, but cautioned that it should be considered with care.
The appeal was upheld, and the conviction and sentence imposed by the Local Court were set aside.
Orders
Orders of the court
The appeal is upheld the conviction and other order of the Magistrate are set aside.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.