Identification Flashcards
S113?
Application of Part
This Part applies only in a criminal proceeding.
Does ID legislation apply to AVO or Forensic procedures?
No, as they are civil.
Case for ID being uncertain?
Alexander v The Queen 1980-81.
Problems with recollection and observation etc.
Definition of visual ID evidence? Section?
114 (1)
Identification evidence, relating to an identification based wholy or partly on what a person saw, but does not include picture evidence.
114 (2)
When adduced by PROSECUTOR, not admissible unless:
1. (a) Police used ID parade, or
(b) It would not have been reasonable to hold one, or
(c) defendant refused to participate,
AND
2. No intentional influence on witness to identify defendant.
114 simply?
Everyone needs to be offered opporunity to to have ID parade, and if not, must have good reason for it.
Case on witness asking Police if suspect was in ID parade?
R v To. S114
Telling witness whether the suspect was in the ID Parade did not exclude the evidence.
DPP v Donald and Anor?
FACT: victim robbed by 2 girls, saw them 16 days later, ID them to Police at time. At Court it was held that ID was not admissible as no ID Parade was conducted.
HELD: Wasn’t possible to hold the ID parade prior to the time.
ID Parade after the ID would have been contaminated.
Walford v DPP?
Cites Donald + Anor with approval - It would not have been reasonable to have held an IDparade that included the defendant before the identification was made.
s115 (1)?
Picture identification evidence.
- Identification evidence
- Relating to an identification made wholly or partly
- by a person
- Who made the identification using pictures KEPT FOR THE USE OF POLICE OFFICERS.
What is identification evidence?
Evidence that is;
- An assertion by a person
- To the effect that a defendant was, or resembles,
- a person who was, at or near, a place where
i - The offence for which the def is being proseuted was committed, or
ii - An act connected to the act was done (secondary crime scene etc)
- At or about the time act was done, and based wholly upon what they saw heard or otherwise pereived themselves,
AT THE TIME AND PLACE OF THE EVENT.
115 (8)?
Can use picture ID evidence to contradict or qualify ID evidence adduced by the defence.
If ID made of Defendant with a beard and defence presents a photo of their client clean shaven and asserts they have never had a beard, you can present a photo to disprove theirs, depciting the def with a beard, even if it shows them in Police custody etc.
115 (3)?
(3)
Subject to subsection (4), picture identification evidence adduced by the prosecutor is NOT admissible if:
(a) when the pictures were examined, the defendant was in the custody of a police officer of the police force investigating the commission of the offence with which the defendant HAS BEENCHARGED, and
(b) the picture of the defendant that was examined was made before the defendant was taken into that police custody.
What are some alternative identification strategies?
- Crowd scene investigation.
- In Court identification (dock ID) - Valueless
- Confrontation identification (single confrontation identification) - limited value.
Define picture ID evidence. Section?
115.
Identification evidence relating to an identification made wholly or partly by the person who made the identification examining pictures kept for the use of Police Officers.
