Court of Appeal Wellington
CA108/2009 & 112/2009; [2009] NZCA 303
7 May; 14 July 2009
Glazebrook, Potter and Asher JJ
CA108/2009 & 112/2009; [2009] NZCA 303
7 May; 14 July 2009
Glazebrook, Potter and Asher JJ
Evidence — Identification — Whether recognition of someone well known to witness visual identification evidence — Whether identifying statement taken day following delayed report of offence taken “soon after” complaint — Whether good reason for not holding formal procedure — Whether statutory list of good reasons exhaustive — Whether witness’ prior knowledge of suspect good reason for not holding formal procedure — Factors to be considered in assessing reliability — Whether witness’ confidence in identification a factor — Judge’s assessment of reliability and role of jury — Evidence Act 2006, s 45(1), (2), (3) and (4).
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