SUPREME COURT OF QUEENSLAND
CITATION:
R v Reiken [2006] QCA 178
PARTIES:
R
v
REIKEN, Douglas Adsett(appellant)
FILE NO/S:
CA No 7 of 2006
DC No 152 of 2005
DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
26 May 2006
DELIVERED AT:
Brisbane
HEARING DATE:
18 April 2006
JUDGES:
McMurdo P, Jerrard JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:
Appeal against conviction dismissed
CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - TESTS - WHETHER JURY WOULD HAVE RETURNED SAME VERDICT - MISDIRECTION AND NON-DIRECTION - where appellant was accused of robbing a liquor store wearing a baseball cap, sunglasses, tracksuit pants and a distinctive green T-shirt and armed with a knife - where robbery was recorded on closed circuit camera and the recording used to make stills and a video which were shown to the jury - where one witness to the robbery was shown photographs on a photo board but was unable to identify a suspect - where a second witness identified the appellant from photos on the photo board - where police subsequently obtained clothing from appellant's house consistent with the distinctive clothes worn by the offender - where trial judge gave jury directions on the unreliability of photo identification and on the weaknesses in this photo identification evidence - where appellant was convicted of armed robbery - whether trial judge erred in admitting the photo board as identification evidence given by second witness - whether trial judge should have exercised judicial discretion to exclude photo identification evidence - whether jury verdict can be supported by the evidence - whether jury verdict was unreasonable and unsafe and unsatisfactory
Alexander v The Queen (1981) 145 CLR 395, applied
Festa v The Queen (2001) 208 CLR 593, applied
M v The Queen (1994) 181 CLR 487, appliedMFA v The Queen (2002) 213 CLR 606; (2002) 77 ALJR 139, applied
Pitkin v R (1995) 130 ALR 35, distinguished
R v Brookes [1992] QCA 103; CA No 317 of 1991, 13 May 1992, followed
COUNSEL:
A W Moynihan for appellant
D R Mackenzie for respondent
SOLICITORS:
Legal Aid (Queensland) for appellant
Director of Public Prosecutions (Queensland) for respondent
McMURDO P: The appellant was convicted on 14 December 2005 of one count of armed robbery. He appeals against his conviction contending that the identification evidence of the witness Michael Strong by means of a photo board was wrongly admitted and that the jury verdict cannot be supported by the evidence and is unreasonable and unsafe and unsatisfactory.
The evidence
The consideration of these grounds of appeal requires a review of the evidence. It is not contentious that on 3 June 2004 Mr Strong was working at a "Grape" liquor store as a store attendant. Mr Anifandis, a wine company representative, was…
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- AGLC
- R v Reiken [2006] QCA 178
- Case
- [2006] QCA 178
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Appeal against conviction dismissed
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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