![]() See whether that affects your assessment of the evidence of. You are yourself entitled to compare the voice of the accused as you have heard it with the voice on the tape in order to How long did the witness have to keep the characteristics of the voice in mind before identifying that voice as that of the accused? It may be moreĭifficult for a member of one race to identify the voice of an individual of another racial group. ![]() Was there any special reason for remembering the voice that was heard?ĭoes come from the same racial background as the person identified? That is also something you can bear in mind. Provide some description, that makes your task of assessing the reliability of the evidence more difficult. ![]() It may be difficult to describe a voice unless it has some peculiar characteristic and without the witness being able to Was there anything about the voice which would have impressed itself upon the witness? In other words, was there anythingĭistinctive about the voice which was similar or different to that of the accused?. How clearly could the person hear the voice and how was the sound conveyed to the witness. Was able to give it full and undivided attention or was the person distracted at the time? How attentive was the person in hearing the voice. What opportunity did have to hear the voice of the person? said the in which heard the voice was …. The voice of a stranger is even more difficult. If the person was a stranger, how did come to be familiar with the voice identified? I warn you that mistakes can easily be made even even in identifying the voice of a friend or member of the family. Was the person identified a stranger to ? It is obviously harder to identify the voice of a stranger than it is to identify the voice of a person who is well known In most cases the jury would be assisted by the judge providing the answer to the question posed.] The following matters are given by way of example and would need to be adapted to the circumstances [ The trial judge should identify for the jury the particular matters in the case and make brief reference to the arguments Whether the evidence identifying the accused can be safely acted upon. There are a number of matters that have been specifically raised in this case that require your consideration in determining The circumstances in which the witness heard the voice and identified it can affect the reliability of that evidence. You must carefully consider the circumstances in which heard the voice of the person the Crown alleges committed the crime and how came to identify that voice as. There have been some notorious cases in which witnesses have given evidence of identification which has laterīeen demonstrated to be wrong after innocent people have been convicted. The years, both in Australia and overseas, has demonstrated that identification evidence, of whatever kind, may turn out toīe mistaken. The experience of the criminal courts over May be mistaken in their identification of a person accused of committing a crime. So, special caution is necessary before accepting voice identification evidence because of the possibility that a witness The identification of a voice is notoriously liable to be mistaken. Even if you thought was entirely honest in the evidence that gave, you must still approach the task of assessing the reliability of evidence with special caution. The evidence will usually be quite impressive and even persuasive. A witness may give evidence of identification honestly and sincerely believe that evidence is correct. Theseĭirections relate only to the reliability of the identification evidence given, not to the honesty of the witness. Identification evidence may be unreliable and has been shown to be so in the past.Įvidence that has been identified by a witness must be approached by you with special caution before you accept it as reliable. Judges have an experience with the law that members of the community generally do not have. To the assessment of the reliability of the evidence and whether you should act upon it. I am required to make sure that you consider everything that is relevant In giving you these directions you should not think that I am giving you any indication of what I think about the reliability There is an important direction I must now give you concerning the evidence of in which identified the voice of as that of the person who.
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