Collard v The Queen

In the High Court of Australia, the case of Collard v The Queen involved the defendant, Collard, appealing against his convictions for serious criminal offences. The trial court had found him guilty based, in part, on out-of-court identifications made by witnesses using photographs provided by the police. The primary legal issue before the High Court was whether the probative value of these identifications was outweighed by the risk of prejudice to the defendant. The court also needed to determine if the trial judge's directions to the jury regarding the identification evidence were adequate.

The High Court found that the probative value of the identifications was indeed outweighed by the prejudicial effect of the photographic identification process. The court held that the process was inherently unreliable and could lead to a miscarriage of justice. Additionally, the High Court concluded that the trial judge's directions to the jury did not adequately address the inherent unreliability and prejudicial nature of the photographic identification process. This failure meant the jury was not properly guided on how to assess the weight of the identification evidence. Consequently, the High Court allowed the appeal, quashed the convictions, and ordered a re-trial for Collard.