18 Jul 2019
LINTON v NEW ZEALAND POLICE [2019] NZHC 1696
- Citation
- [2019] NZHC 1696
- Court
- High Court
The Court held there was a 'good reason' under s 45(4)(e) and related authority for not conducting a formal identification procedure because the complainant identified the defendant to police at the scene soon after the offence and recognised him as someone known; the appellant did not prove on the balance of probabilities that the identification was unreliable; the visual identification was therefore admissible under s 45(1) and, on re-evaluation, reliable so the conviction was upheld.