SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | SBT v Colvin |
Citation: | [2020] ACTSC 216 |
Hearing Date: | 13 May 2020 |
DecisionDate: | 7 August 2020 |
Before: | Mossop J |
Decision: | The appeal is dismissed. |
Catchwords: | APPEAL – APPEAL FROM MAGISTRATES COURT – Appellant convicted of theft – appellant is a young person – Crown concession that magistrate erred in admitting evidence of admissions – conviction not dependent upon such evidence – whether magistrate erred in admitting recognition evidence by police officers – whether finding of guilty is unsafe and unsatisfactory EVIDENCE – IDENTIFICATION EVIDENCE – whether recognition evidence of police officers relevant in accordance with Smith v The Queen [2001] HCA 50; 206 CLR 650 – whether opinion evidence of recognition admissible as law opinion under Evidence Act 2011 (ACT) s 78 – evidence admitted |
Legislation Cited: | Court Procedures Rules 2006 (ACT), r 5531 Criminal Code 2002 (ACT), s 308 Evidence Act 2011 (ACT), pt 3.3, ss 76, 78, 116, 137, 165 |
Cases Cited: | Alexander v The Queen (1981) 145 CLR 395 Bullman v Debnam [2010] ACTSC 97 Munro v The Queen [2014] ACTCA 11 Nguyen v The Queen [2007] NSWCCA 363; 180 A Crim R 267 R v Bauer (a pseudonym) [2018] HCA 40; 266 CLR 56 R v Goodall [1982] VR 33 |
Texts Cited: | Australian Law Reform Commission, Evidence (Interim), Report No 26 (1985) Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 15th ed, 2020) |
Parties: | SBT (Appellant) David Colvin (Respondent) |
Representation: | Counsel J Cooper (Appellant) M Howe (Respondent) |
| Solicitors Aboriginal Legal Service (NSW/ACT) (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | SCA 11 of 2020 |
Decision under appeal: | Court/Tribunal: Childrens Court of the ACT Before: Magistrate Cook Date of Decision: 4 February 2020 Case Title: Colvin v SBT Court File Number: CH585 of 2019 |
MOSSOP J:
Introduction
The appellant, a young person, was charged with theft contrary to s 308 of the Criminal Code2002 (ACT). It was alleged that on 26 May 2019 he stole a black backpack from premises within the Westfield Belconnen shopping centre which contained a number of valuable items. He pleaded not guilty. He was convicted by a magistrate. He has appealed against that conviction.
The grounds of appeal are:
(a)the finding of guilty is unsafe and unsatisfactory;
(b)the magistrate erred in admitting the recognition evidence; and
(c)the magistrate erred in admitting the evidence of admissions.
The third of these grounds was conceded by the Crown. However, the reasons of the magistrate were not…
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- SBT v Colvin [2020] ACTSC 216
- Case
- [2020] ACTSC 216
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CaseChat Overview and Summary
The court considered whether the recognition evidence was relevant in accordance with the principles set out in Smith v The Queen and whether the opinion evidence of recognition was admissible as law opinion under the Evidence Act 2011 (ACT). The court found that the evidence was relevant and admissible. The court further considered the weight of the evidence and the reliability of the police officers' identification. The court found that the evidence was sufficient to support the finding of guilt and that the conviction was safe and satisfactory.
The court dismissed the appeal, finding that the magistrate did not err in admitting the recognition evidence and that the conviction was not unsafe or unsatisfactory. The appeal was dismissed, and the conviction for theft was upheld.
Orders
Orders of the court
The appeal is 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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