Where the prosecution case depends on identification of an accused from CCTV footage, an appellate court conducting an independent assessment under M v The Queen may acquit where multiple objective physical features and mannerisms visible in the footage are inconsistent with the accused's known appearance, particularly where the conclusion does not depend on witness credibility findings. The case also illustrates that directions on joint commission under s 11.2A of the Criminal Code (Cth) need not use the precise statutory language provided the essential elements are sufficiently conveyed.
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