ANTHONY JOHN MURPHY v R No. SCCRM 94/168 Judgment No. 4674 Number of pages - 9 Criminal law and procedure - evidence (1994) 62 SASR 121

(1994) 62 SASR 121; [1994] SASC 4674

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Catchwords

1. Evidence
2. › Identification evidence
3. › Photographic identification
4. › Selection based on similarity rather than positive identification
5. › Whether admissible as circumstantial evidence
1. Evidence
2. › Identification evidence
3. › Out-of-court identification
4. › Evidence of police officer as to identification act
5. › Whether admissible where identifying witness does not confirm selection in court
6. › Alexander v R (1980) 145 CLR 395
1. Criminal Law and Procedure
2. › Trial
3. › Summing up
4. › Direction as to lies
5. › False claim by accused to police
6. › Failure to give [name withheld] direction
7. › Whether substantial miscarriage of justice
8. › Criminal Law Consolidation Act (SA), s 353(1) proviso
1. Evidence
2. › Relevance and admissibility
3. › Possession of cash shortly after robbery
4. › Whether probative

Quick Take

In South Australia, a police officer may give evidence of a witness's out-of-court photographic selection even where the witness does not confirm the selection in court, following [name withheld] in [name withheld] v R. Evidence of photographic selection based on similarity rather than positive identification is admissible as circumstantial evidence where it tends to support other circumstantial evidence implicating the accused. The New Zealand approach in R v [name withheld] requiring the identifying witness to confirm the selection is not followed.