Identification

Evidence Act 2006    Westlaw    Lexis Nexis


Click Evidence Act above to go to s 45 and see below for definitions

s 4

visual identification evidence means evidence that is—

(a)   an assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done; or

(b)   an account (whether oral or in writing) of an assertion of the kind described in paragraph (a).

voice identification evidence means evidence that is an assertion by a person to the effect that a voice, whether heard first-hand or through mechanical or electronic transmission or recording, is the voice of a defendant or any other person who was connected with an act constituting direct or circumstantial evidence of the commission of an offence

Some Relevant Authority

s 45  Admissibility of visual identification evidence R v Harney 2011 NZSC 107R v Peato [2009] NZCA 333.

s 46  Admissibility of voice identification evidence:  R v Check [2009] NZCA 548.

s 126  Judicial warnings about identification evidence: R v Hohepa [2008] NZCA 316.

Updated on June 7, 2021

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