The prosecution may lead expert medical evidence to explain why its own witness cannot give reliable identification evidence, where the witness's inability is attributable to brain injury causing retrograde amnesia. Evidence of a dog's behaviour (such as travelling to a particular location) is admissible as circumstantial evidence and is distinguishable from tracker dog evidence cases where the dog's behaviour is used to directly establish a contested matter. In non-disclosure cases, the court must assess the impact of the undisclosed material in the context of all other evidence at trial.
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