The Court of Appeal held that the trial judge's failure to warn the jury about the dangers of identification evidence given by a police officer — who claimed a man briefly observed from a moving vehicle at night bore a very strong likeness to a photograph on an identification tag found in the unit — occasioned a material miscarriage of justice, and that the proviso could not be applied where the appellate court could not be satisfied of guilt beyond reasonable doubt on the record alone; the conviction was set aside and a re-trial directed.
The full text is available to signed-in members.