30 Apr 2018
R v PETERS [2018] NZHC 855
- Citation
- [2018] NZHC 855
- Court
- High Court
Section 45(4)(f) applies because the identification arose from a chance meeting; therefore there was 'good reason' not to follow a formal procedure and the onus shifted to the defendant to prove unreliability on the balance of probabilities. The defendant failed to discharge that burden: despite some inconsistencies and minor conflation with a guilty co-offender, the witness had sufficient opportunity to observe, produced a contemporaneous photograph, and the identification is supported by corroborative circumstantial evidence. Any prejudice is minimal and outweighed by probative value. Conse…
- Visual identification evidence
- Evidence act 2006 s45 admissibility
- Criminal procedure act 2011 s101 pre-trial rulings
- Exclusion for unfair prejudice s8 evidence act 2006