Legal Issues In Policing

Eyewitness Identification

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When considering whether eyewitness identification of an accused has been proven, a court will consider the following factors:

 

• knowledge of the accused where the person identified is a stranger or witness;

• whether the circumstances of the identification are conducive to accurate identification, such as whether there witness had a clear view, lighting etc.; 

• whether pre-trial identification processes, such as a photo-lineup, are flawed;

• whether there is other evidence tending to confirm or support the identification evidence; and

• whether the witness had a bias.

 

R. v. O’Keefe, 2018 NLCA 11.