R v Adams (No 3)

The case of R v Adams (No 3) involved the defendant Adams, who was facing a criminal charge. The issue before the court was the admissibility of evidence relating to the identification of a pair of footwear from a black and white photograph, taken years after the event in question. The court had to determine whether the evidence was relevant and admissible under section 55 of the Evidence Act 1995 (NSW). This section requires that the evidence must have a tendency to make a fact of consequence in the proceeding more or less probable.

The court considered whether the evidence of the footwear identification from the photograph had a tendency to make a fact of consequence in the proceeding more or less probable. It was noted that the footwear had been identified as the same pair worn by the defendant during the event in question. The court concluded that the evidence had a tendency to make a fact of consequence in the proceeding more or less probable and was therefore relevant and admissible. The court found that the evidence of the footwear identification was admissible and could be considered by the jury in determining the defendant's guilt or innocence.

The final orders of the court were that the evidence of the footwear identification from the black and white photograph was admissible and could be considered by the jury in determining the defendant's guilt or innocence. The court emphasised the importance of the relevance of the evidence and the need for it to have a tendency to make a fact of consequence in the proceeding more or less probable. The court's decision in this case provides guidance to practitioners on the admissibility of evidence of identification of footwear years later from a black and white photograph.