16 Sept 2011
HARNEY v POLICE SC 64/2010
- Citation
- HARNEY v POLICE SC 64/2010
- Court
- Supreme Court
The Supreme Court allowed the appeal because the prosecution failed to show a good reason under s45(4) to dispense with a formal identification procedure and, alternatively, failed to prove under s45(2) beyond reasonable doubt that the circumstances produced a reliable identification; the officer's bald assertion of certainty and scant evidence of prior contact and favourable observation conditions were insufficient to admit the identification evidence, therefore convictions based on that evidence were set aside and no retrial ordered.