Festa v The Queen

Criminal law – Evidence - Admissibility - Exclusion of evidence - Identification evidence - Usual precautions for identifying suspects not followed - Whether probative value of identification evidence outweighed danger of unfair prejudice to the accused - Whether admission of identification evidence resulted in a miscarriage of justice.

Criminal law – Evidence - Identification evidence - Whether trial judge adequately directed the jury about the deficiencies of identification evidence.

Criminal law – Evidence - Weapons and ammunitions found at the unit of co- accused were of the same character as those used in the robberies but were not purchased until after the robberies - Whether evidence of weapons was admissible as "propensity" evidence - Whether the trial judge adequately directed the jury in relation to the discovery of weapons and ammunitions.

Criminal law – Evidence - Admissibility - Whether evidence of an association between the accused and co-accused was admissible - Whether direction by the trial judge about the association was a material misdirection.

Criminal law and practice – Appeal against conviction - Application of "proviso" - Whether errors by trial judge constituted a substantial miscarriage of justice - Whether evidence was so strong that no reasonable jury could fail to convict the accused.

Words and phrases – "circumstantial identification evidence" - "positive- identification evidence" - "unfair prejudice".

Criminal Code (Q) – ss 408, 668E.