Neville v The Queen

Case [2004] WASCA 62


NEVILLE -v- THE QUEEN [2004] WASCA 62



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 62
COURT OF CRIMINAL APPEAL
Case No:CCA:150/200318 FEBRUARY 2004
Coram:MALCOLM CJ
MILLER J
EM HEENAN J
2/04/04
44Judgment Part:1 of 1
Result: Extension of time to appeal granted, Appeal allowed, Retrial ordered
A
PDF Version
Parties:JACQUELINE MARGARET NEVILLE
THE QUEEN

Catchwords:

Criminal law and procedure
Application for extension of time to appeal against sentence
Lengthy delay
Test to be applied
Criminal law and procedure
Evidence
Identification
Identification based on knowledge of suspect
Voice recognition
Whether opinion evidence
Admissibility of
Whether jury in equal position as witnesses to make comparison
Adequacy of trial Judge's direction to jury
Whether the ultimate issue of identification taken away from jury

Legislation:

Nil

Case References:

Alexander v The Queen (1981) 145 CLR 395
Bulejcik v The Queen (1996) 185 CLR 375
Cameron v The Queen [2004] WASCA 16
Chamberlain v The Queen (1984) 153 CLR 521
Domican v The Queen (1992) 173 CLR 555
Festa v The Queen (2001) 208 CLR 593
Greaves v Aikman (1994) 74 A Crim R 370
Li v The Queen [2003] NSWCCA 290
Miladinovic v The Queen (1993) 47 FCR 190
Mraz v The Queen (1955) 93 CLR 493
Nguyen v The Queen (2002) 26 WAR 59
Nguyen v The Queen [2002] WASCA 181
R v Brotherton (1992) 29 NSWLR 95
R v Brownlowe (1986) 7 NSWLR 461
R v Bueti (1997) 70 SASR 370
R v Callaghan (2001) 4 VR 79
R v Callaghan [2001] 4 VR 79
R v Corke (1989) 41 A Crim R 292
R v Harris [No 3] [1990] VR 310
R v Hentschel [1988] VR 362
R v Jones and Harris (1989) 41 A Crim R 1
R v Kelly (2002) 129 A Crim R 363
R v Leung (1999) 47 NSWLR 405
R v McHardie [1983] 2 NSWLR 733
R v Miladinovic (1992) 109 ACTR 11
R v Omar [1991] 58 A Crim R 139
R v Smith [1984] 1 NSWLR 462
Smith v The Queen (2001) 206 CLR 650

R v Brotherton [1992] 65 A Crim R 301
R v Walker (1998) 101 A Crim R 152

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : NEVILLE -v- THE QUEEN [2004] WASCA 62 CORAM : MALCOLM CJ
    MILLER J
    EM HEENAN J
HEARD : 18 FEBRUARY 2004 DELIVERED : 2 APRIL 2004 FILE NO/S : CCA 150 of 2003 BETWEEN : JACQUELINE MARGARET NEVILLE
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

File Number : INS 169 OF 2000



Catchwords:

Criminal law and procedure - Application for extension of time to appeal against sentence - Lengthy delay - Test to be applied





(Page 2)

Criminal law and procedure - Evidence - Identification - Identification based on knowledge of suspect - Voice recognition -…

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Neville v The Queen [2004] WASCA 62
Case
[2004] WASCA 62
Decision Date

CaseChat Overview and Summary

The case of Neville v The Queen involved the appellant who had been convicted and sentenced for criminal offences. The appeal was centred around two main issues: the first was whether the court should grant an extension of time for the appellant to appeal against his sentence, given the considerable delay in lodging the appeal, and the second was the admissibility and adequacy of the direction given by the trial judge concerning the evidence of identification, particularly the voice recognition evidence.

The court had to determine if the lengthy delay in lodging the appeal warranted an extension of time, considering the established tests for such applications. Additionally, the court examined whether the trial judge properly instructed the jury on the weight to be given to the identification evidence, particularly voice recognition, and whether the ultimate issue of identification was appropriately left to the jury.

In granting the extension of time, the court held that while there was a significant delay, the appellant had demonstrated exceptional circumstances justifying the late appeal. The court further found that the trial judge's direction to the jury on the voice recognition evidence was inadequate. The judge did not sufficiently emphasise the need for the jury to compare the voice in question with the appellant's voice in a manner that allowed them to make an independent assessment, akin to the witnesses. Consequently, the court concluded that the trial judge's direction may have inadvertently removed the ultimate issue of identification from the jury's consideration.

The orders of the court were to grant the extension of time to appeal, allow the appeal, and order a retrial of the case. This decision underscored the importance of clear and precise judicial directions concerning identification evidence, particularly in cases where voice recognition plays a pivotal role.

Orders

Orders of the court

Extension of time to appeal granted, Appeal allowed, Retrial ordered

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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