Poor-quality security camera photographs that cannot directly identify an accused may nevertheless be left to the jury as circumstantial evidence showing that the person depicted is consistent with the accused's appearance, provided an appropriate identification warning is given. Such photographs are not an 'indispensable intermediate step' requiring proof beyond reasonable doubt under Shepherd v The Queen. The Crown is not bound by its opening address and may put a different case to the jury provided there is no real prejudice to the accused's right to a fair trial.
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