Formal dock identification of an accused is not an essential prerequisite to conviction; identification may be established by overwhelming inference from the evidence as a whole, including the conduct of the defence case by counsel. An opening statement by defence counsel under s 143(2) of the Criminal Procedure Act 2004 (WA) may constitute a formal admission under s 32 of the Evidence Act 1906 (WA), and counsel should exercise care in what they say. Parties are bound by the conduct of their counsel at trial.
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