Recognition Evidence : Eyewitness identification based on Prior Acquaintance
Recognition evidence Recognition evidence is a subset of eyewitness identification evidence, in which the eyewitness’ identification is based on prior acquaintance. The recognition witness may or may not have been present at the scene of the crime. As a form of identification evidence “[t]he same concerns apply and the same caution must be taken in considering its reliability as in dealing with any other identification evidence.” R. v. Olliffe , 2015 ONCA 242, at para. 39. The test for admitting recognition evidence This type of non-expert opinion evidence is admissible provided that the witness has a prior acquaintance with the accused and is thus in a better position than the trier of fact to identify the perpetrator. R. v. Leaney , [1989] 2 S.C.R. 393; R. v. Brown , 215 C.C.C. (3d) 330 (Ont. C.A.), at para. 39. The importance of identifying particular features or idiosyncrasies of the person to be identified The importance of unique identifiable fe...