High Court of Australia

The Queen v Dickman [2017] HCA 24

21 Jun 2017

Case Number: M162/2016


Kiefel CJ, Bell, Keane, Nettle, Edelman JJ


Criminal law – Appeal against conviction – Identification evidence – Where victim's identification of accused on photoboard admitted at trial – Where police conveyed to victim that photograph of suspect would be on photoboard – Where victim had made erroneous previous identification – Whether probative value of identification evidence outweighed by unfair prejudice to accused – Whether evidence should have been excluded under s 137 of Evidence Act 2008 (Vic) – Whether admission of identification evidence occasioned substantial miscarriage of justice.

Words and phrases – "identification evidence", "probative value", "substantial miscarriage of justice", "unfair prejudice".

Evidence Act 2008 (Vic) – s 137.

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