11 Apr 2019
The prosecution failed to prove beyond reasonable doubt that the circumstances of the informal identification produced a reliable identification under s45(2) Evidence Act 2006; the identification was therefore inadmissible and, absent that evidence, there was no case to support the conviction, which was set aside.
23 Mar 2017
The witness's confirmation of recognition together with contextual statements constituted a visual identification under s4; the evidence was admissible under s45 because the defendant did not prove unreliability and the witness's equivocal language affected weight for the jury not admissibility, so the identification evidence was permitted at trial.
26 Aug 2016
Leave to appeal was granted but the appeal dismissed: although the judge erred in not expressly considering every relevant factor under s45(1), on a full appellate assessment the complainant's identification was not shown on the balance of probabilities to be unreliable because she recognised the appellant, readily distinguished him from his similar brother, and they were in close proximity for several minutes; adverse factors (delay, lighting, emotional state, propensity evidence regarding the brother) did not outweigh the supporting factors.