What factors must be considered when assessing eyewitness identification in a sexual assault case?

Manitoba, Canada


The following excerpt is from R. v. Toews, 2009 MBPC 15 (CanLII):

In Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802, Wilson J. in her concurring judgment listed some of the factors that should be considered when weighing eyewitness identification as follows at paragraph 24: “… length of observation, distance, light, obstructions to view, recognition, time between original observation and subsequent description to the police and discrepancies between that description and the accused’s appearance. No doubt there are many more. The consistency in the witness descriptions …, his or her degree of attention and awareness at the time of the crime, and the witness’s reaction at subsequent encounters with the accused ….are some that come readily to mind.”

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