identification

identification

1. types used

   • sketch= from witness/victim
   • photo fir=from witness/victim
   • photoboard/digiboard
   • lineup
   • Id parade=most favourable
     • evidence act 114 gives prioroty to id parade evidence over any other visual id evidence inadmissable unless id parade held or good reason why it wasn't
       • no one can be forced to participate but may be admissable evidence as to why less satisfactory evidence
   • identification in court
     • not admissable unless ID parade has been held first or one of the exceptions under evS114(2)
       • r v tahere

2. definition

   • an assertion by a witness that the defendent was or resembles the person who was present or at or near the crime at or about the time the crime was committed, and that assertion is based on what the witness saw, heard or percieved: evidence act dictionary

3. recognision evidence

   • D is purportably identified by a person who knows or is familiar w/ him or her
     • trudgett v R

4. resemblance evidence

   • only forms circumstantial evidence of case can not convict on own
     • Pitkin v The Queen

5. visual evidence s114

   • ID identification that is based wholly or partly on what a person saw but does not include Picture ID
     • a) ID Parade
     • b) ID in custody yard/foyer of court
     • c) ID in court (very unreliable)
   • ID evidence adduced by prosecutor not admissable unless
     • ID parade held with D before ID made unless unreasonable or D refused
       • 114(3) Where ID parade does not have to be held: court must take into account
         • a) seriousness of offence
         • b) importance of ID evidence
         • Practicability in regard to
           • (c)(i)D's failure to cooroporate
           • (c)(ii) whether ID was taken at time of offence
           • relationship between parties (d)
     • witness/victim must not be influenced
   • when lawers presence is unreasonable

6. Picture ID s115

   • examining pictures held for police use
   • Festa v The Queen
     • Displacement effect
       • Displace W actual memory
     • rogues' gallery effect
       • photograph of D may persuade jury to think D has crim record
   • (3) PI adduced by prosecutor is not addmissable when
     • a) when pics examined, accused was in custody of a police officer of the police force investigating the commission of the offence with which the accused has been charged and
     • b) the picture of the accused that was examined was made before the accuesed was taken into that police custody
     • (4) however s3 does not apply if a) the appearance of the accused had changed significantly time of committed and taken into custody or b) not practicable to make pic of accused after being taken into custody
   • 2) not admissable if D looks to be in custody
   • 7) if picture is admitted, judge must, on request of accused
     • a) (if taken when after custody) tell the jury it was taken after custody or
     • b) warn jury they must not assume D has previous record

7. Police powers to photograph suspects

   • common law allows PO to request suspects/someone who is charged to photograph for the purpose of identification only
     • ireland
     • p can now photograph s body to record condition under crimes act 464T(3)(e)

8. opinion evidence

   • xpert in field s79
   • face mapping : can only discuss simularities and differences not ID
   • body mapping: may be admitted murdoch v The queen

9. Warnings

   • Judicial warnings
     • s116 ev
       • 1) If identification eveidence has been admitted, the judge is to inform the jury of a)that there is a special need for caution and b) of the reasons for the need of the caution, both generally and in the circumstances of the case 2) it is not necessary that a particular form of words be used
     • 165 ev
       • unreliable evidence: ID
         • 165(2) if there is a jury and the party so request to the judge must a) warn jury evidence may be unreliable and b)inform the jurys of the matters that may cause it to be unreliable and c) warn jury of the need for caution in determining whether to accept the evidence and the weight given to it

10. voice ID

    • state v Hauptmann