ID Evidence, Unreliable Witnesses and Lies of the Accused in CRIMINAL PROCEEDINGS

Question 1

What is the TURNBULL DIRECTION?

- 4 Points

Answer 1

When a case is WHOLLY or SUBSTANTIALLY based on DISPUTED ID EVIDENCE the judge MUST:

• warn the jury of the SPECIAL NEED FOR CAUTION before convicting on ID evidence
• explain ID witnesses may be MISTAKEN and CONVINCING
• direct the jury to CONSIDER THE CIRCUMSTANCES of the ID
• IDENTIFY WEAKNESSES in the evidence

Question 2

What happens if:

• the ID evidence is of good quality
• the ID evidence is of poor quality
• the ID evidence is of poor quality but there is supporting evidence

( - 3 Points )

Answer 2

-IF GOOD
Then having directed the jury, the case can be left to the jury
- IF POOR
Then judge should withdraw the case from the jury and direct an acquittal unless there is supporting evidence
- IF POOR + SUPPORTING EVIDENCE
Then having directed the jury, the case can be left to the jury

Question 3

What are some situations in which Turnbull guidelines APPLY
and some situations where they DON’T APPLY?

( - 2 Points )

Answer 3

APPLIES:

• the witness identifies D from a PHOTOGRAPH/VIDEO RECORDING/VOICE ID
• ID of 2 people (D and X) are in dispute but there is STRONG EVIDENCE that D was with X at the relevant time

DOESN’T APPLY:

• JURY THEMSELVES makes an ID from a PHOTOGRAPH/VIDEO without assistance of witness
• ID of a CAR

MAY NOT APPLY:

• where the ID witness is not MISTAKEN but LYING
• D ADMITS his PRESENCE at the SCENE but DENIES PARTICIPATION

Question 4

What may be the consequences of FAILING to give a TURNBULL DIRECTION?

( - 3 Points )

Answer 4

• Likely that the CONVICTION will be QUASHED
• May not be quashed IF:
  the evidence is of VERY GOOD QUALITY
  or
  there is no REALISTIC POSSIBILITY that the ID witness may have made a MISTAKE