Where identification evidence is admitted on a voir dire, the trial judge must revisit the admissibility ruling if the factual basis changes during the trial. The displacement effect — where a witness may subconsciously recall photographs rather than the actual offender — diminishes the probative value of subsequent face-to-face identification. The co-existence of the displacement effect and identification of a person obviously in custody creates a high order of prejudice that may require exclusion under s 137 of the Evidence Act 1995 (NSW).
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.