31 Aug 2017
GEORGE WILLIAM MOULDEN V R [2017] NZCA 433
- Citation
- [2017] NZCA 433
- Court
- Court of Appeal
The photo‑montage failed to comply with s 45(3)(b) because the accused's image was materially dissimilar (notably fair/sandy/grey hair and distinctive illumination) and, because the prosecution could not prove beyond reasonable doubt that the identification circumstances produced a reliable identification given inconsistencies in witness descriptions, brief stranger encounters and suggestive effect of the montage, admitting the identification evidence caused a miscarriage of justice; appeal allowed and no retrial ordered.