Identification

Question 1

Part 3.9 relating to identification only applies in criminal proceedings?

Answer 1

True

Question 2

Alexander v The Queen talks about when referring to identification?

Answer 2

It talks about how identification is notoriously uncertain. It depends on so many variables. Including the mind’s tendencies to respond to suggestions or substitute photographic images with a hazy recollection.

Question 3

Does visual identification evidence include description evidence?

Answer 3

No, a description given by a witness is not visual identification evidence.

Question 4

What is recognition evidence?

Answer 4

A person is previously known to the witness therefore can recognise them and give such evidence.

Question 5

What is visual identification evidence?

Answer 5

Visual identification evidence means identification evidence relating to an identification based wholly or partly on what a person saw but does not include picture identification evidence.

Question 6

Visual identification evidence is not admissible unless?

Answer 6

An ID parade was held.
It was not reasonable to hold ID parade.
Defendant refused to participated and witness not intentionally influenced to ID defendant.

Question 7

What does R v To say about influencing witnesses?

Answer 7

That informing a witness that there would be suspects in the parade did not exclude that evidence.

Question 8

What does the case of DPP v Donald say?

Answer 8

A witness identified defendant 16 days later.

Held that it was not reasonable to hold ID prior to the identification being made at the time. 2. (b) applied.

Question 9

Walford v DPP says what about ID parades?

Answer 9

It speak much of what DPP v Donald says about there not being reasonable to hold such a parade prior to the identification.

Question 10

What is picture identification?

Answer 10

Picture identification evidence means 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.

Question 11

What does 115 (2) say about picture evidence?

Answer 11

Picture evidence is not admissible if it suggests the person is in custody.

Question 12

What does 115 (3) say about picture identification?

Answer 12

Picture ID evidence is not admissible if:
When picture was examined the defendant was in police custody for the offence and;
The picture of the defendant was made prior to being taken into custody.

Question 13

115 (3) does not apply if what criteria is met?

Answer 13

115 (4)The defendant’s appearance has changed significantly since offence and being taken into custody or;
Not reasonable practicable to take photo once defendant is in custody.

Question 14

115 (5) says Picture ID is not admissible if what?

Answer 14

Defendant is in police custody when the pictures are examined and;
Defendant refused ID parade or
Appearance has significantly changed or
It would not be reasonable to hold ID parade.
Reasonableness under 115 is considered under the 114 criteria.

Question 15

If picture evidence is deemed inadmissible how else can you get it in?

Answer 15

115 (8) it is admissible to contradict or qualify defence picture ID evidence.

Question 16

What are three alternate identification strategies?

Answer 16

Crowd scene identification.
In court identification.
Confrontation identification.

Question 17

What does R v Kearney say about Facebook ID?

Answer 17

Facebook Id is no less admissible than other forms of ID.
May depend on Expectation or spontaneity.
Picture ID may be futile due to displacement effect but nevertheless conduct those procedures.

Question 18

What does Dia v Regina say about Picture ID?

Answer 18

There are obvious dangers with picture ID.
Using Facebook to confirm identity of offender is fine.
The process of identification conducted on Facebook was similar to the process of photo identification at the police station.

Question 19

What does Munderah SMITH v The Queen say?

Answer 19

It is a case about relevance is the evidence of comparison given by police was not any more beneficial to the jury then them making their own comparison.

Although some circumstances may allow such evidence, subject to the opinion rule.

Question 20

Section 165 categories identification evidence as what?

Answer 20

That identification evidence may be unreliable. Warnings may be given to jury if a party so requests.

Question 21

What does section 116 say about identification evidence?

Answer 21

That there be general need for caution before accepting identification evidence.
Take into account the circumstances of the case.