Where a witness who was present at the scene of events and personally observed the accused identifies that person in video footage taken from a different angle, the identification evidence is factual evidence and not opinion evidence, even though the footage depicts the scene from a perspective the witness did not share. The case is distinguishable from R v Drollett where the witness had not observed any part of the relevant events. Failure to object to such evidence at trial will make it very difficult to obtain leave under Rule 4 to raise the objection on appeal.
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