Dhanhoa v The Queen

[2003] HCA 40
Judgment date
Case number
S236/2002
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Evidence – Identification evidence – Where reliability of evidence not in dispute – Whether trial judge required to inform jury of special need for caution before accepting evidence – Evidence Act 1995 (NSW), s 116.

Evidence – Inconsistency between appellant's statement to police and his evidence at trial – Where prosecutor did not contend that statement to police was a lie indicating consciousness of guilt – Whether trial judge should have given direction in relation to lies.

Words and phrases: "miscarriage of justice".

Criminal Appeal Act 1912 (NSW)
– s 6.

Evidence Act 1995 (NSW) – ss 114, 115, 116.

Files
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