CLP 4 - Visual ID

Question 1

When should a Turnbull direction be given?

Answer 1

• The Defendant disputes the identification evidence; and
• The case against the accused depends wholly or substantially on the correctness of the visual identification.

Question 2

What are the parts of a Turnbull warning to the Jury?

Answer 2

• mistaken witnesses can be convincing
• look at circumstances in which the identification by each witness came to be made.
• remind the jury of any specific weaknesses in the identification evidence.
• whether there is other evidence to support the correctness of the identification.

Question 3

What are the considerations for the judge in a Turnbull style case?

Answer 3

• What is the quality of the identification?
• Is there other evidence to support the correctness of the identification?

Question 4

What if the judge considers the visual identification in a Turnbull case to be good?

Answer 4

allow jury to assess

Question 5

What if the judge considers the visual identification in a Turnbull case to be poor?

Answer 5

• If there is no supporting evidence, the judge should withdraw the case from the jury and direct an acquittal.
• If there is supporting evidence, the judge can leave the jury to assess the weak identification.