Police officer evidence identifying an accused from security camera photographs is irrelevant under s 55 of the Evidence Act 1995 where the officers are in no better position than the jury to compare the accused with the person in the photographs. The wearing of a cap and slightly out-of-focus quality of photographs does not distinguish Smith v The Queen (2001) HCA 50 so as to render such evidence admissible. A Crown Prosecutor's comment on the failure of a parent of the accused to give evidence, contrary to s 20(3) of the Evidence Act, may be adequately corrected by a judicial direction without requiring discharge of the jury.
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