Where identification evidence by a police officer is linked to knowledge of the accused's criminal history, the danger of unfair prejudice under s 137 of the Evidence Act 2008 (Vic) does not necessarily outweigh probative value. Defence counsel may be expected to make forensic decisions about the extent of cross-examination, and frailties in identification evidence can be exploited without necessarily revealing the accused's full criminal history. Judicial directions remain capable of ameliorating residual prejudice.
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