Identification: Turnbull

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What was 1 duty imposed by Turnbull case?
To warn jury if P relies wholly/substantially on contested ID evidence
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What was the other duty imposed by Turnbull case?
To withdraw case from jury if ID evidence is poor + unsupported
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Example of where judge should have withdrawn case from jury
Daley: couldn't be established that witness had an adequate opportunity to view D
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Example of case where judge was right to leave case with jury
Dossett: witness had a good look at D
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Which case reminded us that Turnbull is just a case, not statute?
Mills
5 of 19
What did Pattinson and Exley tell us about judge's directions?
Summary of ID evidence and any weaknesses must be complete + deal with all aspects
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Which case tells us that Turnbull duty to withdraw case does not conflict with Galbraith?
Daley
7 of 19
What is the main point of contrast between Galbraith and Turnbull?
Under Galbraith, there is no consideration of quality of evidence adduced by P
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What are 2 ways to deal with conflict caused by Galbraith and Turnbull?
(1) Turnbull is an exception to Galbraith main principle, (2) different purposes - Galbraith to stop judges substituting their own opinion vs. Turnbull to prevent evidence being a source of injustice
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What is a possible outcome of a failure to follow Turnbull?
Conviction might be quashed (Turnbull)
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Where might a court be able to dispense with Turnbull direction?
Where sole issue is credibility of identifying witness: Shand
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True or false: a duty to warn under Turnbull only applies to visual ID cases
True
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Give an example of a non-visual ID case
Browning: attempt to ID a car (not a person, as required)
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Why was Conibeer a non-visual ID case?
Because C admitted he was at scene of burglary (so issue was not whether he was correctly IDed but whether he committed crime)
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Example no.1 of supporting evidence - corroboration
Turnbull. E.g. DNA evidence
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Example no.2 of supporting evidence - other IDs
Weeder (as long as jury are warned of possible mistakes)
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Example no.3 of supporting evidence - odd coincidences
Penny (ID witness makes a corroborating ID at parade)
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Example no.4 of supporting evidence - false alibis
Pemberton
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ID arising out of recognition
Degree of familiarity is v important (but mistakes can still be made even if you recognise someone): Turnbull
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Other cards in this set

Card 2

Front

To withdraw case from jury if ID evidence is poor + unsupported

Back

What was the other duty imposed by Turnbull case?

Card 3

Front

Daley: couldn't be established that witness had an adequate opportunity to view D

Back

Preview of the back of card 3

Card 4

Front

Dossett: witness had a good look at D

Back

Preview of the back of card 4

Card 5

Front

Mills

Back

Preview of the back of card 5
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