Examine identification evidence gathered by and relied upon by the ‘Blackburn Investigators’ for the charging of Harold Blackburn.

Identification evidence is evidence which is treated in our courts with special caution, and the reason for this is that justice has miscarried on a number of occasions when reliance for a conviction has been placed upon identification evidence.”
Mr Justice J.A.Lee, Royal Commissioner, Report of the Royal Commission of Inquiry into the arrest, charging and subsequent withdrawal of charges against Harold James Blackburn and matters associated therewith. June 1990, Section 11 “Observations Upon Identification Evidence”.

In light of the above quote by the Royal Commissioner, critically examine identification evidence gathered by and relied upon by the ‘Blackburn Investigators’ for the charging of Harold Blackburn. Ensure that you comment upon the admissibility and reliability of such evidence both in terms of the law as it stood then (1990) and in terms of how it would be perceived now under the Evidence Act 25/1995 (NSW).


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