Facebook identification evidence may have significant probative value where the identification was spontaneous, occurred shortly after the offence, and was accompanied by a prior description consistent with the accused's appearance, particularly where detailed judicial directions address the dangers of single-photograph identification. Evidence of deletion of electronic messages shortly after an offence is capable of being left to the jury as consciousness of guilt where it is not intractably neutral. The prosecution's calling of uncooperative associate witnesses does not, by itself, establish a miscarriage of justice where the evidence of association is relevant and the jury is directed against guilt-by-association reasoning.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
6 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.