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R v Himbert [2015] ACTSC 6 (2 February 2015)

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http://www.austlii.edu.au/au/cases/act/ACTSC/2015/6.html

CRIMINAL LAW – Particular Offences – drug offences – offence of trafficking in a controlled drug other than cannabis – judge alone trial – offence proved.
JURISDICTION, PRACTICE AND PROCEDURE – Jurisdiction – whether case should be dismissed for want of jurisdiction – whether requisite geographical nexus exists.
EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – whether standard for admission of voice identification evidence is the same as visual identification evidence under s 135 of the Evidence Act 2011 (ACT) – held voice identification evidence is held to the general provisions of admissibility under the Evidence Act 2011 (ACT) – held that evidence not excluded by s 135 Evidence Act 2011 (ACT)


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