How is identification evidence based on the colour of the clothing worn by the complainant?

Nova Scotia, Canada


The following excerpt is from R v. Barkhouse, 2016 NSSC 63 (CanLII):

Defence counsel submitted the case of R v. Atfield, as instructive in assessing identification evidence. The court stated the accuracy of this type of evidence cannot be determined by the usual tests of credibility of witnesses but must be tested by a close scrutiny of other evidence. In Atfield clothing, was also an identifying feature. The accused was purportedly wearing grey slacks and a dark sweater. The complainant observed the accused for only seconds and had no more than a fleeting glance. In the end the court held there was no evidence capable of supporting the identification of the appellant by the complainant.

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