R v Turnbull [1976] EWCA Crim 2 (9 July 1976)
R v Turnbull [1976] EWCA Crim 2 is a judgment from United Kingdom on 9 July 1976. Search it by the party names, or United Kingdom judgment.
united-kingdom
July 9, 1976
UNITED KINGDOM
R
v.
Turnbull [1976] EWCA Crim 2
Proceeding. Judgment. United Kingdom.
Held. Where the case against an accused depends wholly or substantially on the correctness of one or more identifications, the judge must warn the jury of the special need for caution and direct them to examine the circumstances of the identification.
R v TURNBULL [1976] EWCA Crim 2; [1977] QB 224 Court of Appeal (Criminal Division) 9 July 1976
Judges: Lord Widgery CJ, Roskill LJ, Lawton LJ, Cusack J, May J
Facts
The Court of Appeal gave guidelines on the treatment of identification evidence in criminal trials. The cases before the court involved convictions based on visual identification. The court was concerned about the risk of wrongful where the identification is mistaken.
Held
Where the case against an accused depends wholly or substantially on the correctness of one or more identifications of the accused which the defence alleges to be mistaken, the judge should warn the jury of the special need for caution before convicting in reliance on the correctness of the identification. The judge should direct the jury to examine closely the circumstances in which the identification was made, including how long the witness had the accused under observation, the distance, the light, whether the observation was impeded, whether the witness had seen the accused before, how long elapsed between the observation and the identification, and any material discrepancy between the description and the accused's appearance.
Key Principles
1. A special warning is required where the case depends wholly or substantially on identification evidence.
2. The jury must be directed to examine the circumstances of the identification.
3. If the quality of the identification is poor and there is no other supporting evidence, the judge should withdraw the case from the jury.
4. The guidelines are applied in every common-law that follows the English law of evidence.
Why It Matters in Sierra Leone
Turnbull is persuasive authority in Sierra Leone on identification evidence. It is cited in the High Court and the Court of Appeal whenever a conviction rests on visual identification. The Turnbull directions are part of the standard charge to the jury or the standard approach of a judge sitting alone.