Regina v Gardner: CACD 28 Jun 2004

The court affirmed the general admissibility of expert facial comparison evidence, and said: ‘There is no rule . . that in a case such as the present an expert witness cannot go further than saying ‘there are the following similarities’ leaving the ultimate decision to the jury, as opposed to the expert witness actually giving a view as to the degree of probability of the images being the same.’

Judges:

Waller LJ, Davis, David Clarke JJ

Citations:

[2004] EWCA Crim 1639

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

BindingAtkins and Another v Regina CACD 2-Oct-2009
The court considered the use in evidence of facial photograph comparison techniques. The expert had given an opinion that the comparison gave support to a conclusion that the photograph in issue was of the defendant, but there was no database . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 01 September 2022; Ref: scu.375588