Smith v R
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ,Gaudron,Gummow,Hayne JJ,Kirby J |
Judgment Date | 16 August 2001 |
Neutral Citation | [2001] HCA 50,2001-0621 HCA C |
Docket Number | S233 and S234/2000 |
Court | High Court |
Date | 16 August 2001 |
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98 cases
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Lithgow City Council v Jackson
...by the respondent, is also correct. 42 Authorities on witnessing matter or event. The appellant referred to two authorities. In Smith v The Queen24 Kirby J dealt with the opinion of two police officers who had not witnessed a robbery that the accused was one of the robbers. He said that it ......
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Evans v The Queen
...23 The answer to the questions just posed is provided by proper application of the test of relevance. As this Court's decision in Smith v The Queen12 demonstrates, questions of relevance require careful analysis. In particular, they require careful identification of the process of reasoning......
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Gedeon v Commissioner of NSW Crime Commission
...of Kiefel J at [515]. 92H, ML [2006] SASC 240 at [12]–[13]. See reasons of Heydon J at [351]. 93 As this Court did in Smith v The Queen (2001) 206 CLR 650 at 656 [12]; cf at 657–659 [19]–[24]; [2001] HCA 94 Reasons of Heydon J at [256]. 95 See Liberato (1985) 159 CLR 507 at 520 citing Mraz ......
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Truong v R
...CLR 466 at 475–476; Mickelberg v The Queen (1989) 167 CLR 259 at 272–273; Gipp v The Queen (1998) 194 CLR 106 at 153–155 [134]–[138]; Smith v The Queen (2001) 206 CLR 650 at 658 [22]; Gillard v The Queen (2003) 78 ALJR 64 at 79–80 [89]; 202 ALR 202 at 222–223. 113 Crimes Act 1958 (Vic), s ......
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7 books & journal articles
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Assessing Significant Probative Value for the Purposes of Admitting Coincidence Evidence: DSJ v R; NS v R
...(2011) 278 ALR 765 at [98]–[99], Allsop P.21 As stated in Hoch v The Queen [1988] HCA 50, (1988) 165 CLR 292 at 296.22 Smith v The Queen [2001] HCA 50, (2001) 206 CLR 650 at 653.23 See R v Lockyer (1996) 89 A Crim R 457 where, at 459, Hunt CJ at CL describes probative value as the ‘degree’ ......
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Legal versus non-legal approaches to forensic science evidence
...Peach, above n. 22 at 338 quoting Menzies [1982] 1 NZLR 40. See also R v Silverlock [1894] 2 QB 766, 771. Contrast Smith v The Queen (2001) 206 CLR 650, [56] (Kirby 42. Attorney General’s Reference (No 2 of 2002) [2002] 1 Cr App R 321 at [19]. Police who watch images over and over were said......
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The Basis of the ‘Basis Rule’: The Role of the Basis Rule in the Admissibility of Expert Opinion
...by a witness with the witness's specialise d knowledge based on training, study or 117 Ibid 631 [108]. 118 Ibid 639 [133]. 119 (2001) 206 CLR 650. 120 Ibid 653 [6] (Gleeson CJ, Gaudron, Gummow, Hayn e JJ). 121 Ibid 655 [10]. 122 Ibid 655 [11] (emphasis added). See also Odgers, above n 92, 3......
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FACIAL RECOGNITION AND IMAGE COMPARISON EVIDENCE: IDENTIFICATION BY INVESTIGATORS, FAMILIARS, EXPERTS, SUPER-RECOGNISERS AND ALGORITHMS.
...ad hoc experts or lay witnesses, whose opinions might be admissible via Uniform Evidence Law (n 6) s 78 or s 79(1). (20) (2001) 206 CLR 650 (21) See Edmond et al, 'Law's Looking Glass' (n 1) 377. (22) Smith (n 20) 653 [5] (Gleeson CJ, Gaudron, Gummow and Hayne JJ). In all of the cases in th......
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