Recognition evidence based on a composite of factors (voice, gait, physical characteristics, and long familiarity) is admissible even where offenders' faces were covered and voices were somewhat disguised, provided the witness had sufficient prior familiarity with the accused. A qualification expressed by the witness at the time ('I can't be sure') does not necessarily require exclusion where it relates to only one component of the recognition and is explained by the witness's state of shock. Directions on identification need only address weaknesses in the recognition evidence itself, not broader circumstantial matters going to weight.
The full text is available to signed-in members.