Evidence of a witness selecting a photograph as depicting a person 'similar' to the offender (without positive identification) is admissible as similarity or resemblance evidence to support a primary identification by another witness, and is not subject to the sufficiency requirements applicable to primary identification evidence under R v Pitkin. A trial judge directing on identification evidence under s.116 and s.165 of the Evidence Act 1995 (NSW) is not required to characterise matters as 'weaknesses' — the judge must isolate and identify matters of significance that may undermine reliability, but the characterisation of those matters is for the jury.
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