The case confirms that the distinction between identification and recognition evidence does not create an automatic exemption from identification warnings in recognition cases — the need for a warning depends on the circumstances. Where an accused does not give evidence and has given non-responsive answers in interview, it will be very difficult to raise defence of another person absent direct evidence of what the accused perceived at the relevant time. A sentence of 5 years (minimum 2 years 10 months) for recklessly causing serious injury resulting in permanent brain damage was within range, particularly where the jury convicted of recklessness rather than intention.
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