Read the full judgment text of CACC 000127/1990 on BabelCite. This Court of Appeal judgment was delivered on 2 January 1991 before Sir Derek Cons, VP, Kempster & Clough, JJA.
Criminal law – riot – identification – Turnbull warning – District Court – appeal – Vietnamese Boat People – The 1st Defendant jumped a water queue, refused to return, spoke angrily causing agitation, struck a constable. The judge rejected his defence of fabrication. The Court of Appeal held the judge's brief assessment of evidence was acceptable and did not impose a positive burden. The 2nd Defendant was identified by witnesses as throwing a hard hat and striking a constable. The judge failed to indicate awareness of the dangers of identification evidence as required by R. v. Turnbull and Hong Kong authorities. The Court allowed the 2nd Defendant's appeal, quashed conviction and set aside sentence. Application of 1st Defendant refused.
Legal issues: Assessment of evidence by District Judge · Identification evidence and Turnbull warning
Outcome: Application of 1st Defendant refused; conviction affirmed. Application of 2nd Defendant allowed; appeal allowed, conviction quashed, sentence set aside.
Cited by 3 cases