Davies v Regina: CACD 29 Oct 2004

The defendant appealed against his conviction for murder. He said the identification was partial and weak, being of a partial face and two spoken words. It was objected that his counsel had wrongly failed to object to its admission.
Held: There was no justification for saying that if counsel had objected, the evidence would not have been admitted. The procedures adopted by the police followed those approved in Hersey. Appeal dismissed.


Mr Justice Newman Lord Justice Mance Fulford The Honourable Mr Justice Fulford


[2004] EWCA Crim 2521




England and Wales


CitedRegina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
CitedRegina v Flemming CACD 1986
It was quite unnecessary for a trial judge faced with issues about the quality or probative value of identification evidence to hold a trial-within-a-trial. The normal procedure was that laid down in Turnbull, where the court ‘made it abundantly . .
CitedRegina v Hersey CACD 1-Dec-1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to . .
Lists of cited by and citing cases may be incomplete.


Updated: 27 June 2022; Ref: scu.218867