Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: ‘It is to be noted that Lawton LJ there referred to a jury forming their own conclusions ‘without help’. Where, for example, there is a clear photograph and no suggestion that the subject has changed his appearance, a jury could usually reach a conclusion without help. Where, as here, however, it is admitted that the appellant had grown a beard shortly before his arrest, and it is suggested further that the robber may have been wearing clear spectacles and a wig for disguise, a comparison of photograph and defendant may not be straightforward. In such circumstances we can see no reason why expert evidence, if it can provide the jury with information and assistance which they would otherwise lack, should not be given. In each case it must be for the judge to decide whether the issue is one on which the jury could be assisted by expert evidence, and whether the expert tendered has the expertise to provide such evidence.’ and ‘In each case it must be for the jury to decide whether the issue is one on which the jury could be assisted by expert evidence.’
Judges:
Lord Taylor CJ, Henry and Blofeld JJ
Citations:
Ind Summary 05-Apr-1993, [1993] 97 Cr App R 260
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
Cited by:
Cited – Regina v Fitzpatrick (Gerald) CACD 19-Feb-1999
The direction to the jury about the value of expert evidence need not be followed slavishly. A jury should know that they were not necessarily bound by an expert’s opinion, but there is no inflexible requirement as to the wording to be used. . .
Cited – Regina 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 . .
Cited – Atkins 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: 05 May 2022; Ref: scu.88118