A Police Constable’s fleeting view of a Defendant could be sufficient identification, subject to checks in court. However a Turnbull warning as to the need for corroboration may not always be necessary. The ‘striking similarity’ or ‘signature’ test would continue to apply in all cases where identification was in issue, but even where identity is an issue, the degree of similarity required will vary according to the other evidence in the case. The court extracted from the Turnbull a test which it stated in the context of a case of identity as follows: ‘Evidence tending to show that a defendant has committed an offence charged in count A may be used to reach a verdict on count B and vice versa, if the circumstances of both offences (as the jury would be entitled to find them) are such as to provide sufficient probative support for the conclusion that the defendant committed both offences, and it would therefore be fair for the evidence to be used in this way notwithstanding the prejudicial effect of so doing. To decide whether the evidence provides sufficient probative support so that it is fair to use it in this way, may require careful analysis and trial judges would be wise to seek the support of counsel before closing speeches are made, if not before.
Ind Summary 24-Oct-1994, Times 07-Oct-1994, [1998] 2 Crim App R 289, [1995] Cr App R 415
England and Wales
Citing:
Cited – Regina v Turnbull (Launcelot) CACD 1977
. .
Approved – Regina v Kane 1965
The court considered whether a private club was a public place. The defendants were charged with making an affray in a public place. The events had taken place in a member’s club. The practice at the club was that people were signed in without being . .
Cited by:
Cited – Regina v Venn CACD 1-Feb-2003
The defendant appealed convictions for sexual assault against four young girls.
Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Leading Case
Updated: 02 November 2021; Ref: scu.88320