Identification evidence obtained from viewing a single photograph on Facebook or social media, particularly where the viewer knows the depicted person is suspected of serious crime, will generally have scant probative value and a high risk of unfair prejudice, warranting exclusion under s 137 of the Evidence Act. The absence of police oversight or procedural safeguards in social media viewing exacerbates the displacement effect. A subsequent photo board identification is virtually valueless where the witness has been repeatedly exposed to the suspect's image through media. When assessing probative value under s 137, courts must apply the approach in IMM v The Queen: the evidence is taken at its highest, but its highest level may not be very high at all where the circumstances render it 'simply unconvincing'.
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