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Smith v The Queen

[2001] HCA 50
Case number
S233/2000
S234/2000
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne JJ
Catchwords

Criminal law – Evidence - Relevance - Identification - Evidence of recognition by police officers of the accused in photographs from bank security cameras - Police officers in no better position than jury to compare appearance of accused with photographs - Evidence Act 1995 (NSW), s 55 - Whether evidence could rationally affect the assessment by jury of probability of the existence of a fact in issue - Whether admissible as opinion evidence.

Evidence – Relevance - Opinion or fact evidence - Evidence Act 1995 (NSW), s 55 - Evidence of recognition by police officers of accused in photographs from bank security cameras - Whether relevant - If relevant whether excluded as opinion evidence.

Evidence Act 1995 (NSW) – ss 55, 76.

Files
50.rtf (51.93 KB)
50.pdf (90.49 KB)