Fowkes v The King
Court of Appeal
Emerton P, Priest and Kaye JJA
06/07/2023
[2023] VSCA 160
Criminal law — Interlocutory appeal — Evidence — Identification — Identification from Facebook photographs — Witnesses identified the accused after conversation with another person — Whether identifications made without the persons who made them having been intentionally influenced to identify the accused — Whether probative value of evidence outweighed by risk of unfair prejudice — Evidence Act 2008 (Vic), ss 114(2), 137
Words and phrases — ‘visual identification evidence’ — ‘intentionally influenced to identify the accused’ — ‘Facebook identification’
Read the judgment here.