SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Lockwood |
Citation: | [2018] ACTSC 26 |
Hearing Date: | 6 February 2018 |
DecisionDate: | 23 February 2018 |
Before: | Mossop J |
Decision: | The evidence of the complainant’s identification of the accused by reference to his Facebook page is not excluded by ss 114 or 137 of the Evidence Act 2011 (ACT). |
Catchwords: | CRIMINAL LAW – EVIDENCE – Evidentiary matters relating to witnesses and accused persons – pre-trial application – identification evidence – whether not reasonable to have held an identification parade – whether probative value is significantly outweighed by unfair prejudice EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – Visual identification evidence – use of Facebook profile photograph to identify the accused – not reasonable to have held an identification parade – probative value not outweighed by unfair prejudice – evidence of the identification of the accused by reference to his Facebook page not excluded |
Legislation Cited: | Evidence Act 2011 (ACT), ss 114, 114(2), 114(2)(b), 116, 137 |
Cases Cited: | Bayley v The Queen [2016] VSCA 160 IMM v The Queen [2016] HCA 14; 257 CLR 300 |
Parties: | Steven Dean Lockwood (Applicant) The Queen (Respondent) |
Representation: | Counsel P Bevan (Applicant) J Walker (Respondent) |
| Solicitors Bevan & Co (Applicant) ACT Director of Public Prosecutions (Respondent) | |
File Numbers: | SCC 211 of 2017 SCC 212 of 2017 |
MOSSOP J:
Introduction
On 28 January 2017, four men entered the unit of Brian Walters, who was punched, kicked, tackled, stabbed in the chest with a pair of scissors, repeatedly threatened to be killed and then “hog tied”, before his apartment was ransacked and burgled by the intruders.
Mr Walters recognised one of the men as an acquaintance he knew from time previously spent in custody at the Alexander Maconochie Centre. He could not identify the other assailants although he provided some limited descriptions of them to police.
Forensic evidence obtained by the police indicated that someone called Steven Lockwood had been in Mr Walters’ unit. Mr Walters told the police that he did not know anyone by that name and proceeded to search the name Steven Lockwood on “Facebook”, a popular social media website. He found a profile page of a person who he identified as one of his attackers. Mr Walters passed this information onto police. The profile page showed the accused.
Application
The accused, Steven Dean Lockwood, is to face trial on an indictment alleging aggravated burglary and intentional wounding of Mr Walters.
By Application in Proceeding, dated 22 January 2018, the accused seeks a pre-trial ruling that the evidence of the Facebook identification is not admissible in the trial. He alleges that the circumstances of the identification meant that it had little probative value, and any probative value is significantly outweighed by unfair prejudice. Further, the accused alleges that the identification is not admissible as no identification parade, that included the…
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- R v Lockwood [2018] ACTSC 26
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- [2018] ACTSC 26
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CaseChat Overview and Summary
The primary legal issue that the court had to address was whether the evidence provided by the complainant, who identified Lockwood through his Facebook profile, should be excluded under sections 114 or 137 of the Evidence Act 2011 (ACT). Lockwood's legal team argued that it was not reasonable to hold an identification parade in this case and that the probative value of the Facebook identification was significantly outweighed by the potential for unfair prejudice. The court had to consider the circumstances under which the identification occurred and weigh the probative value of the evidence against any potential prejudice it might cause to the accused.
The court determined that the circumstances did not warrant holding an identification parade, as the complainant had already clearly identified Lockwood through his Facebook profile. Furthermore, the court held that the probative value of the Facebook identification was not significantly outweighed by the potential for unfair prejudice. The court emphasised that the identification was based on the complainant's familiarity with Lockwood and that the probative value of the evidence was high. Consequently, the court ruled that the evidence of the complainant's identification of Lockwood via his Facebook page would not be excluded under sections 114 or 137 of the Evidence Act 2011 (ACT).
The court's decision meant that the evidence of the complainant's identification of Lockwood through his Facebook profile would be admissible in the trial. No further orders were made by the court regarding the admissibility of the identification evidence.
Orders
Orders of the court
The evidence of the complainant’s identification of the accused by reference to his Facebook page is not excluded by ss 114 or 137 of the Evidence Act 2011 (ACT).
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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