A taped prison conversation in which an accused discusses getting rid of items described by a co-conversant as 'boxing gear' — where boxing gear was stolen during the charged robbery — is admissible as an admission of possession of recently stolen property, and the urgency of the discussion and desire to avoid possession support an inference of illegitimate possession. Where a witness accessed a co-offender's Facebook page before a photo board identification but could not clearly see the relevant photograph, the displacement risk is not markedly above the ordinary. Trial judges must give Domican warnings about displacement effect where a witness has viewed photographs on social media prior to formal identification procedures.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.