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Aynsley v Fitzgerald [2014] ACTSC 357 (4 December 2014)

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http://www.austlii.edu.au/au/cases/act/ACTSC/2014/357.html

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Interference with Judge’s Findings of Fact – appellant found guilty of menacing driving – complainant was a former friend of appellant – finding of guilt depended on Magistrate accepting complainant’s identification evidence – Magistrate assessed complainant as truthful witness – Magistrate accepted complainant’s identification evidence as reliable despite discrepancies between her evidence and that of independent witnesses – reliability of identification evidence not solely dependent on truthfulness of witness – doubts about the reliability of identification evidence were doubts that the Magistrate should also have experienced – verdict set aside and not guilty verdict entered.


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