Police opinion evidence identifying an accused from a photograph must be sufficiently probative to satisfy the common law test of relevance; evidence lacking testimony as to particular points of similarity and without an adequate foundation showing the witness had a significant advantage in making the identification is inadmissible. The discretion under s 568(2) of the Crimes Act 1958 to enter a verdict of acquittal rather than order a new trial may be exercised where the sentence has been fully served, the operational period has expired without breach, and the Crown concedes the sentence should not be disturbed.
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