(Trinidad and Tobago) The defendant appealed his conviction for murder. The evidence against him was of identification by a man, also criminally involved, who had been given immunity. No identification parade was held.
Held: It was clear from other evidence that the witness was identifying someone he already knew, and an identification parade would have been of less importance. There should still have been an identification parade. There was nothing to lose, and this was a capital murder case. The defect was however cured by the full and fair summing up. (Baroness Hale of Richmond dissenting)
Lord Hoffmann, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-Under-Heywood, Sir Jonathan Parker
[2009] UKPC 9
Bailii
Commonwealth
Citing:
Cited – Regina v Conway CACD 1990
A witness said that she knew the accused, had seen him in a public house and entertained him to dinner, but did not know his name, where he lived, or anything of importance about him. No identification parade had been held despite the accused having . .
Cited – Regina v Fergus CACD 29-Jun-1993
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only . .
Cited – Pipersburgh and Another v The Queen PC 21-Feb-2008
(Belize) The board considered the unsatisfactory nature of a dock identification. No identification parade had been held because the suspects’ pictures had been published in the press and it was feared that they would be identified from these.
Cited – Aurelio Pop v The Queen PC 22-May-2003
PC (Belize) A witness identified the accused only making the link between the man he knew as R and the accused as the result of an improper leading question by prosecuting counsel. There had been no . .
Cited – Goldson and McGlashan v The Queen PC 23-Mar-2000
PC (Jamaica) The holding of an identification parade was desirable where the witness’s claim to have known and recognised the suspect is disputed. Lord Hoffmann referring to the defendant’s denial that he was the . .
Cited – Regina v Popat CACD 23-Mar-1998
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 November 2021; Ref: scu.320878