An appellant is bound by defence counsel's deliberate forensic choice to proceed with trial rather than seek an adjournment, and cannot on appeal characterise the trial judge's acceptance of that choice as error. Under s 34CB of the Evidence Act 1929 (SA), the views of defence counsel are particularly important, and often critical, to the question of whether a forensic disadvantage direction is required, because the question of forensic disadvantage will often depend on the contents of the defence brief to which the judge is not privy. Section 34AB(4) of the Evidence Act 1929 (SA) prohibits a judge from suggesting that photographic identification evidence is inherently less reliable than evidence from a physical lineup.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.