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 evidence, Turnbull makes it clear that it is incumbent on a trial Judge to place before the Jury any specific weaknesses which can arguably be said to have been exposed in the evidence. And it is not sufficient for the Judge to invite the Jury to take into account what counsel for the defence says about the specific weaknesses. Needless to say the Judge must deal with the specific weaknesses in a coherent manner so that the cumulative impact of those specific weaknesses is fairly placed before the Jury.’
Judges:
Steyn LJ
Citations:
Times 30-Jun-1993, Independent 29-Jun-1993, [1994] 98 Cr App R 313
Jurisdiction:
England and Wales
Citing:
Cited – McGreevy v Director of Public Prosecutions HL 1973
No Need for Direction on Circumstantial Evidence
M was charged with murdering Margaret Magee in her house. no one claimed to have seen the murder and the evidence was entirely circumstantial. When he was first tried, the jury failed to reach a verdict, but at a subsequent trial he was found guilty . .
Cited by:
Cited – Regina v Elliott CACD 22-Dec-1997
The defendant appealed from convictions of wounding with intent, and murder. The issue was one of identification, and he criticised the absence of a full Turnbull direction.
Held: A Turnbull warning should warn the jury of the dangers inherent . .
Cited – John v The State PC 16-Mar-2009
(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 . .
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Cited – Yaryare and Others v Regina CACD 13-Oct-2020
Appeal from convictions of public order offences – challenges to use of identification evidence. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 April 2022; Ref: scu.86661
