Powers v R [2000] NTCCA 2
PARTIES:POWERS, Justin Roy
v
THE QUEEN
TITLE OF COURT: IN THE COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: COURT OF CRIMINAL APPEAL, SUPREME COURT OF THE NORTHERN TERRITORY
FILE NO:CA3/99
DELIVERED: 6 June 2000
HEARING DATES: 26 May 1999, 17 April 2000
JUDGMENT OF: MARTIN CJ, ANGEL & RILEY JJ.
CATCHWORDS:
CRIMINAL LAW
Evidence – identification of accused a central issue – probative value – whether verdict unsafe or unsatisfactory.
Identification of accused by principal Crown witness prior to the dock identification at the committal proceedings – prosecution led the dock identification during the committal proceedings – evidence of this incident not led at trial from any other witness – admissible to what the witness said and the strength of her identification, but not to the truth of what she said.
R v Collings & Ors (1976) NZLR 104 at p 114, applied and cited with approval by R v Sutton, unreported SCSA, CCA, 31 August 1990.
Bliesner v The Queen (1991) 1 Leg Rep p C1 referred to.Duty on Crown to adduce evidence from other witnesses of the out of court identification – prosecutor in error
R v Gorham (1997) 68 SASR 505 at 509.
Basha inquiry not sought at trial (1989) 30 A Crim R 337
Gestures by witness going to identification even if innocently done – jury not dispelled of effect of gestures after the trial Judge’s instructions – summing up amounted to a misdirection.
Craig v R (1933) 49 CLR 429 at 445, applied.
Davies and Cody v R (1937) 57 CLR 170 at 182, applied.
Kelleher v R (1974) 131 CLR 534 at 550-551, applied.
Domican v R (1992) 173 CLR 555 at 561, applied.Alexander v R (1981) 145 CLR 395, referred to.
Grbic v Pitkethly (1992) 110 ALR 577, referred to.
R v Turnbull [1977] QB 224 at 228, considered.Whether verdict unsafe or unsatisfactory.
Criminal Code 1983 (NT), s 411
M v The Queen (1994) 181 CLR 450 at 492-493, applied.
Davies and Cody v The King, supra, at 180, applied.Upon the whole of the evidence it was not open to the jury to be satisfied beyond reasonable doubt that the accused was guilty.
REPRESENTATION:
Counsel:
Appellant:Mr J Tippett
Respondent: Mr W J Karczewski
Solicitors:
Appellant:Northern Territory Legal Aid Commission
Respondent: Director of Public Prosecutions (NT)
Judgment category classification: A
Judgment ID Number: mar20010
Number of pages: 31
Mar20010
IN THE COURT OF CRIMINAL
APPEAL OF THE NORTHERN
TERRITORY OF AUSTRALIA
AT DARWINPowers v R [2000] NTCCA 2
No. CA3 of 1999
BETWEEN:
JUSTIN ROY POWERS
Appellant
AND:
THE QUEEN
Respondent
CORAM: MARTIN CJ, ANGEL & RILEY JJ.
REASONS FOR JUDGMENT
(Delivered 6 June 2000)
MARTIN CJ:
The appellant was found guilty by a jury on 10 December 1998 for that on 10 June 1995, at Darwin, he unlawfully caused grievous harm to Stefan Watkin.
Leave to appeal under the grounds dealt with in these reasons…
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- [2000] NTCCA 2
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CaseChat Overview and Summary
The Court of Appeal was required to determine whether the admission of the pre-trial identification evidence was permissible, and if so, what weight it could be given. Further, the Court had to consider whether, in light of the identification evidence, the verdict of the jury was unsafe or unsatisfactory.
The Court held that evidence of the pre-trial identification was admissible to demonstrate what the witness said and the strength of her identification at that earlier stage. However, it was not admissible to prove the truth of her identification. The Court considered the potential for this type of evidence to unduly influence the jury and the importance of ensuring that any identification evidence relied upon by the prosecution was reliable. The Court then assessed the overall evidence presented at trial to determine if the conviction was safe and satisfactory.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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