R v Chandler

The case of R v Chandler involved an interlocutory application where the defendant sought to exclude certain evidence from being admitted at trial. The primary dispute centred on the admissibility of the identification of the defendant by a witness, a computer photograph taken during an identification parade, and the recording of the identification parade by photographs on a computer. The application was heard in the Supreme Court of Victoria.

The central legal issues before the court were whether the computer photograph and the recording of the identification parade by photographs on a computer were admissible as evidence and whether the conclusion reached by the identification witness, as expressed in his statement, could be admitted. The court had to consider the rules of evidence concerning identification evidence, particularly the reliability and admissibility of computer-generated records in the context of identification parades.

The court concluded that the computer photograph, the recording of the identification parade by photographs on a computer, and the conclusion reached by the identification witness such as expressed in his statement were not admissible as evidence. The court found that the procedures followed in the administration of the identification parade did not comply with the requirements for a valid identification procedure, which impacted the reliability and admissibility of the evidence. The court also noted that the procedures of the Photo-Trac system, used to record the identification parade, were not sufficiently robust to ensure the integrity of the identification process.

The court ordered that the evidence of the identification witness, the recording of the identification parade by photographs on a computer, and the conclusion reached by the witness such as expressed in his statement are not permitted into evidence. This decision effectively bars the prosecution from relying on this evidence during the trial.