R v Adler

Case [2000] NSWCCA 357


Reported Decision: [2000] 116 A Crim R 38
52 NSWLR 451

New South Wales


Court of Criminal Appeal

CITATION: R v Adler [2000] NSWCCA 357
FILE NUMBER(S): CCA 60491/2000
HEARING DATE(S): 23 August 2000
JUDGMENT DATE:
23 August 2000

PARTIES :


Regina v George Adler
JUDGMENT OF: Heydon JA at 1, 34, 43; Smart AJ at 2; Ireland AJ at 42
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 98/11/0107
LOWER COURT JUDICIAL
OFFICER :
Shadbolt DCJ
COUNSEL : CV Jeffreys (solicitor)
DU Arnott
SOLICITORS: Jeffreys & Associates
SE O'Connor
CATCHWORDS: Criminal law - refusal of permanent stay - admissibility of voice identification evidence governed by Evidence Act 1995 - no threshold test
LEGISLATION CITED: Evidence Act 1995
CASES CITED:
R v Smith (1984) 1 NSWLR 463
R v Brownlowe (1987) 7 NSWLR 461
R v Brotherton (1993) 29 NSWLR 95
United States v Cerone 830 Fed Rep. 2nd Series 938 (1987)
R v Hentshel (1988) VR 362
R v Harris (No 3) (1990) VR 310
R v Miladinovic (1992) 60 ACR 206
Bulejcik v The Queen 185 CLR 375
R v Cassar (1999) NSWSC 321
R v Colebrook (1999) NSWCCA 262
R v Leung (1998-9) 47 NSWLR 404
DECISION: Leave to appeal refused



IN THE COURT OF
CRIMINAL APPEAL

                            HEYDON JA
                            SMART AJ
                            IRELAND AJ
    Wednesday 23 August 2000

REGINA v George ADLER
JUDGMENT


1   HEYDON JA: The Court is in a position to deliver judgment now in this matter which has a degree of urgency because the trial is scheduled to commence tomorrow. I will ask Smart AJ to deliver the first judgment.

2 SMART AJ: Pursuant to s 5F of the Criminal Appeal Act 1912 George Adler seeks leave to appeal against the decision of Judge Shadbolt, following a hearing on the voir dire, to admit the evidence of Mrs Vera Antonia Konsuo that the man who telephoned her and deceived her by a series of false representations was the applicant. It was a case of aural identification. Mr Adler also seeks leave to appeal against the refusal of a permanent stay of proceedings. Once the evidence of aural identification is admitted it could not be said that the prosecution was bound to fail and accordingly that basis for a stay would not exist. The Crown has further contended that its case was not bound to fail even if the evidence under challenge was rejected although it concedes that it would face some difficulties. 3 The draft indictment contains some 12 counts charging that on various dates between 1 October 1996 and 1 November 1996 both inclusive the applicant dishonestly obtained for himself or another person a valuable thing, namely, a cheque in a specified amount drawn in favour of Cornelius Van der Heul by deception by specified representations which he knew to be false. In view of the number of representations pleaded the precise terms of counts in the indictment may require further consideration to avoid duplicity problems.

4   The Crown case is that…

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R v Adler [2000] NSWCCA 357
Case
[2000] NSWCCA 357
Decision Date

CaseChat Overview and Summary

In the case of R v Adler, the defendant, Adler, appealed against the refusal of a permanent stay of proceedings on the basis of the alleged inadmissibility of certain voice identification evidence. The case was heard by the High Court of Australia. The central dispute was whether the trial judge's decision to admit voice identification evidence was correct, and if it was, whether the refusal of a permanent stay was appropriate.

The legal issues before the court involved the interpretation and application of the Evidence Act 1995, specifically regarding the admissibility of voice identification evidence. The court was required to consider whether the evidence in question met the criteria set out in the Act and if the trial judge's decision to admit it was justified. Additionally, the court needed to determine whether the refusal of a permanent stay was proper given the potential admissibility of the voice identification evidence.

The court found that the trial judge's decision to admit the voice identification evidence was correct. It was held that the evidence met the criteria for admissibility under the Evidence Act 1995. The court further held that there was no threshold test for the admissibility of such evidence, and that the trial judge had correctly exercised their discretion. Consequently, the court upheld the refusal of the permanent stay, finding that the evidence was admissible and the trial could proceed. This decision reinforced the importance of correctly interpreting and applying the provisions of the Evidence Act 1995 in criminal proceedings.

Orders

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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

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