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R v QR [2019] NZYC 123

Published 16 August 2019

Admissibility of evidence — identification evidence — aggravated robbery — Evidence Act 2006, s 45 — Harney v Police [2011] NZSC 107 — R v Edmonds [2009] NZCA 303. The young person, QR, was facing two charges of aggravated robbery. The police sought to admit identification evidence at trial. A witness identified QR as an offender in two aggravated robberies but the police failed to follow formal identification procedure. The witness' evidence was unreliable and was contradicted by CCTV footage. As formal procedure had not been followed, the Crown could not prove beyond a reasonable doubt that the circumstances in which the identification was made had produced a reliable identification. The witness' identification evidence would not be admissible at trial. Judgment Date: 18 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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