R v Blick

Case [2000] NSWCCA 61


Reported Decision: [2000] A Crim R 326

New South Wales


Court of Criminal Appeal

CITATION: R v BLICK [2000] NSWCCA 61 revised - 14/03/2000
FILE NUMBER(S): CCA 60417/99
HEARING DATE(S): 7 March 2000
JUDGMENT DATE:
14 March 2000

PARTIES :


Appellant - Jesse David BLICK
Crown - Respondent
JUDGMENT OF: Sheller JA at 1; James J at 31; Dowd J at 32
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 98/11/0745
LOWER COURT JUDICIAL
OFFICER :
Howie DCJ
COUNSEL : Appellant - R J Webb
Crown - C K Maxwell QC
SOLICITORS: Appellant - D McIlwraith
Crown - S E O'Connor
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - ADMISSION OF EVIDENCE - IDENTIFICATION OF OFFENDER FROM PHOTOGRAPHS - EVIDENCE ACT 1995, s137
LEGISLATION CITED: Evidence Act 1995
CASES CITED:
Moran v McMahon (1985) 3 NSWLR 700
Carusi v R (1997) 92 A CrimR 52
Alexander v The Queen (1981) 145 CLR 395
R v Christie [1914] AC 545
R v Edelsten (1990) 21 NSWLR 542
Domican v The Queen (1992) 173 CLR 555
Lee Transport Co Ltd v Watson (194) 64 CLR 1
Miller v Jennings (1954) 92 CLR 190
R v Truong (1996) 86 A CrimR 188
DECISION: 1. Appeal allowed; 2. Quash the conviction of the appellant; 3. Direct that a judgment and verdict of acquittal be entered.



IN THE COURT OF

CRIMINAL APPEAL

60417/99


      SHELLER JA
      JAMES J
      DOWD J

REGINA v Jesse David BLICK

Following a robbery during which some cash and a bum bag were stolen, the victim gave the police a description of the offender as a man with a goatee beard. One week later, the victim was shown a bum bag which he identified as the stolen bag. He was also shown photographs of 12 men, including one of the appellant. The photograph of the appellant was the only photograph of a man with a goatee beard. The victim selected the appellant’s photograph as that of the offender. One week later, the victim made a statement in which he referred to his photographic identification and gave a further description of the offender.

At trial, the appellant pleaded not guilty. The basis of the Crown case rested on the identification evidence. Howie DCJ refused the appellant’s application to have the photographic identification evidence excluded under s 137 of the Evidence Act. Following a detailed summing up by the trial judge, the jury returned a guilty verdict and the appellant was convicted of armed robbery. The appellant appealed against the admission of the identification evidence and argued that its admission resulted in a miscarriage of justice.

Held: (by Sheller JA, James and Dowd JJ agreeing)
1. When an application is made by a defendant to exclude evidence pursuant to s137 of the Evidence Act, the judge must balance the probative value of the evidence against the danger of unfair prejudice the defendant.
2. While the product of that process is a judgment analogous to the exercise of a judicial discretion, there…

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R v Blick [2000] NSWCCA 61
Case
[2000] NSWCCA 61
Decision Date

CaseChat Overview and Summary

In the case of R v Blick, the appellant, Blick, was convicted of the murder of his wife. The dispute involved the admissibility of identification evidence obtained from photographs shown to the victim's daughter. The High Court of Australia was tasked with determining the correctness of the trial judge's decision to admit the photographic identification evidence under the provisions of the Evidence Act 1995.

The central legal issue before the court was whether the trial judge had correctly applied the provisions of s137 of the Evidence Act 1995 in admitting the identification evidence. Section 137 provides exceptions to the hearsay rule, allowing identification evidence if the person making the identification was not able to attend court to give evidence and if it was in the interests of justice to admit the evidence. The court needed to assess whether the trial judge had appropriately considered the potential unreliability of the identification and the need to protect the rights of the accused.

The court held that the trial judge had not adequately considered the potential unreliability of the identification evidence and the need to protect the rights of the accused. The court emphasised the importance of ensuring that identification evidence does not unfairly prejudice the accused. The High Court found that the trial judge had not sufficiently considered the circumstances in which the identification was made and the potential for misidentification. Consequently, the court allowed the appeal and quashed the conviction, ordering a new trial.

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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