16 Sept 2021
Despite some procedural breaches and imperfect resemblance among actors, the parade was conducted fairly within the Manual's requirements, any breach (escort/notification) caused no actual prejudice, defendants were given opportunity to exclude actors and to object after modifications, and therefore identification evidence from the parade is admissible.
28 Dec 2018
The Court held the magistrate had regard to the Turnbull factors, and PW1's identification was recognition-based, made at close range, in good lighting, for a sufficient duration, and by an officer who had seen the appellant repeatedly; the absence of fingerprint/CCTV/internal records was not fatal. Therefore the magistrate's finding was not plainly wrong and the conviction was safe.
16 Nov 2018
The magistrate's factual findings that PW1 reliably identified the appellant erecting a hawker stall and that the contextual evidence supported an inference of taking employment were supported by the evidence and not open to interference on appeal; accordingly the conviction is upheld.
4 Aug 2006
The Court found the trial judge erred in leaving the appellant's case to the jury because the identification evidence of PW2 contained serious and significant discrepancies (hair colour and trouser length) and limited observation opportunity, such that the identification was unreliable under Turnbull; therefore there was no case to answer and the convictions were quashed with discharge and no retrial ordered.
4 Aug 2006
The identification evidence against the appellant was so unreliable and contained such serious discrepancies (notably hair colour and clothing differences and limited observation during assault) that under the Turnbull doctrine the judge should have withdrawn the case at the close of the prosecution; the convictions were unsafe and therefore quashed and the appellant discharged with no retrial ordered because the prosecution could not strengthen its case.
24 Aug 2000
The Court held the judge correctly applied the Turnbull guidelines and was entitled to accept PW1's identification as reliable; that identification was adequately corroborated by contemporaneous circumstantial evidence (the yellow windcheater connection, denomination pattern of notes indicating division of proceeds, the applicant's fingerprint on a knife and possession of a Pataca note) and the contested discrepancies did not render the conviction unsafe; accordingly the out‑of‑time application for leave to appeal was dismissed and the conviction affirmed.
23 Feb 1996
Although the trial judge erred in the manner in which he used the falsity of the alibi, the circumstantial evidence against the applicant was so compelling that no miscarriage of justice resulted; therefore the proviso applies and the appeal/application is dismissed, affirming the convictions.
14 Jun 1995
Appeal allowed for 3rd appellant and dismissed for 1st and 2nd: the convictions of the 1st and 2nd appellants were upheld because the victim had sufficient opportunity (three to four minutes, adequate lighting, continuous observation and pursuit) to identify them and the magistrate properly applied the Turnbull direction; the conviction of the 3rd appellant was quashed because identification was unsatisfactory and unsafe in the round—discrepant police evidence about directions of flight, absence of any mention of a third person in co-defendants’ evidence, unexplained delay before the 3rd was…
22 Nov 1994
The jury, having been properly directed and having rejected allegations of police prompting, were entitled to accept the identifications; there was no misdirection or unfairness in the trial process, and accordingly the applicant's conviction on the remaining count must stand.
21 Jan 1993
The conviction was upheld because the trial judge properly applied Turnbull directions, found the identifying witness's testimony reliable on demeanour and detail, and the presence of the applicant's fingerprints on a glass at the restaurant provided corroboration sufficient to dispel any lurking doubt, making the conviction safe and satisfactory.