Wade v The Queen

The appellant, Wade, was convicted of armed robbery and attempted armed robbery and sentenced to a 25-year Supervision Order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic). The case reached the court on the grounds of alleged errors in the trial process and the handling of evidence. The primary issues before the court were whether the charges should have been severed, whether the verdict was unreasonable, and whether secondary evidence of lost CCTV footage should have been excluded under s 137 of the Evidence Act 2008. Additionally, the court examined whether the trial judge erred in treating the CCTV footage as a document within the meaning of s 48 of the Evidence Act 2008.

The court began by addressing the issue of severance, noting that there was no prejudice caused by joining the charges. The court found that the joinder of charges did not prejudice the appellant's right to a fair trial. In considering the reasonableness of the verdict, the court held that the jury's decision was supported by the evidence presented. Regarding the exclusion of secondary evidence of the lost CCTV footage, the court held that the evidence was admissible as it was relevant and reliable, and the court did not err in allowing its admission. The court further found that the trial judge did not err in treating the CCTV footage as a document within the meaning of s 48 of the Evidence Act 2008, as it was a record of events made at or near the time of the occurrence.

The court dismissed the appeal, affirming the conviction and sentence imposed by the lower court. The court held that the trial process was fair, and the evidence was properly admitted and considered. The verdict was reasonable and supported by the evidence presented at trial.