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Wilson, Grant (a pseudonym) v The King [2022] VSCA 261

Victorian Court of Appeal
McLeish and Kennedy JJA and Kidd AJA

Wilson, Grant (a pseudonym) v The King

Judgment Date: 
25 November 2022

CRIMINAL LAW - Interlocutory appeal - Applicant charged with offences including aggravated offence of intentionally exposing emergency worker to risk by driving - Evidence sought to be led of police officer's identification of applicant - Whether evidence is picture identification evidence - Picture identification includes picture or pictures of single person - Whether evidence excluded by s 115(2) Evidence Act 2008 - Picture not suggestive of police custody - Whether evidence excluded by s 137 Evidence Act 2008 - Evidence highly prejudicial - Evidence placed accused in forensic bind - Challenging identification evidence required introducing criminal association evidence - Prejudice incurable by directions - Leave to appeal granted - Appeal allowed - Evidence of police officer's identification excluded from appellant's trial.

Evidence Act 2008 ss 115, 137; Interpretation of Legislation Act 1984 s 37.

House v The King (1936) 55 CLR 499 applied; R v Dickman (2017) 261 CLR 601, R v Cook [2004] NSWCCA 52, discussed.