Under the Evidence Act 2008 (Vic), applications to exclude evidence must be explicitly based on the relevant statutory provision (such as s 137), not on generalised submissions about unfairness. A photo board will not be excluded merely because the accused may appear slightly older or have somewhat different hair from others, provided the board shows overall similarities and no single highly distinctive feature differentiates the accused. There is no rule of law that photo board identification is inadmissible merely because an identification parade was not held. The standard of appellate review for s 137 decisions — whether House v The King or 'decide-for-ourselves' — remains unresolved in Victoria.
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