Identification by touch is recognised by the law, and the same considerations that arise in relation to visual or voice identification apply. The proviso under s 30(4) Criminal Appeals Act 2004 (WA) may be applied where a trial judge's reasons are inadequate, provided the appellate court is independently satisfied beyond reasonable doubt of guilt on the whole evidence. However, where identification depends on an assessment of a witness's credit and reliability that the trial judge failed to evaluate, the natural limitations of appellate review may preclude the appellate court from reaching the necessary degree of satisfaction (per Buss JA, dissenting).
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