Description
Visual Identification- circumstances to be considered–ability of witness to name the suspect in earliest opportunity.
- It is not enough to say that there was light at the scene of crime, hence the overriding need to give sufficient details on the source of light and its intensity.
- The evidence in every case where visual identification is what is relied on, must be subjected to careful scrutiny due regard being paid to all the prevailing conditions to see if in all the circumstances, there was really sure opportunity and convincing ability to identify the person correctly and that every reasonable possibility of error has been dispelled.
- In order the principle of visual identification to be considered one must show the distance from where the lamp was positioned, the size of the room and time spent by the invaders before they left.
- It should be borne in mind that the ability of a witness to name a suspect at the earliest opportunity is an all important assurance of his reliability in the same way as unexplained delay or complete failure to do so should put a prudent court to inquiry.
