Evidence of a witness identifying a known person from a photograph is direct evidence of fact, not opinion evidence within s 76 of the Evidence Act 1995. Such evidence is not subject to the opinion rule and need not satisfy the exceptions in ss 78-80. The distinction between fact and opinion is one of degree on a continuum, and the question under s 76 is whether particular evidence is evidence of an opinion, not whether it can be classified as fact or opinion.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
5 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.