Le Masurier v Att. Gen. [1995] JLR 238 (24 July 1995)

Le Masurier v Att. Gen. [1995] JLR 238 (24 July 1995)

Photographic and dock identification evidence, in the absence of an identification parade and when made several years after the offence, may be excluded if the prejudice to the accused outweighs its probative value.

Citation
[1995] JLR 238
Parties
Applicant: Le Masurier; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
24 July 1995
Procedural Posture
Criminal Appeal / Judgment
Outcome
Identification evidence may be excluded
Legal Topics
Visual Identification, Photographic Identification, Dock Identification, Identification Parade
Criminal Law Evidence Visual Identification Photographic Identification Dock Identification Identification Parade

Case Brief

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Parties

Le Masurier

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether photographic and dock identification evidence should be admitted in the absence of an identification parade
  2. 2 Whether prejudice to the accused outweighs the probative value of identification several years after the offence

Ratio Decidendi

Photographic and dock identification evidence, in the absence of an identification parade and when made several years after the offence, may be excluded if the prejudice to the accused outweighs its probative value.

Court Disposition

Identification evidence may be excluded