Festa v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, KIRBY, HAYNE AND CALLINAN JJBRUNETTA FESTA  APPELLANTANDTHE QUEEN RESPONDENTFesta v The Queen[2001] HCA 7213 December 2001B39/2001ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentation:A J Kimmins for the appellant (instructed by Ryan & Bosscher, Lawyers)M J Byrne QC with C W Heaton for the respondent (instructed by the Office of the Director of Public Prosecutions (Queensland))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFesta v The QueenCriminal 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...