21 Feb 2020
OLSEN v R [2020] NZCA 20
- Citation
- [2020] NZCA 20
- Court
- Court of Appeal
Given credible family evidence of regular, domestic and incidental contact between the complainant and appellant that provided sufficient familiarity with the appellant's appearance and voice, there was a 'good reason' under s45 to dispense with a formal identification procedure; the defence failed to prove on the balance of probabilities that the identification was unreliable; voice identification was likewise shown to be reliable on balance; the judge correctly admitted the identification evidence and warned the jury, and the jury verdicts were not unreasonable, so the appeal is dismissed.
- Visual identification evidence
- Recognition evidence
- Admissibility of evidence
- Voice identification
- Miscarriage of justice
- Evidence act 2006 s45 and s46