Strauss v Police

The case of Strauss v Police involves an appeal against a conviction for assault. The appellant was identified by the victim and a witness as one of the assailants based on Facebook photographs. Both identifications were made after the victim was told the appellant was the assailant, and no formal photographic identification procedures were conducted by police. The Supreme Court of South Australia was tasked with determining whether the Magistrate adequately warned herself of the inherent dangers and infirmities of the identification evidence, whether the evidence was sufficient to support the charge, and whether a retrial should be ordered or the complaint dismissed.

The court held that the Magistrate failed to adequately warn herself of the inherent dangers and infirmities of the identification evidence. The reliability of the victim's identification was impaired due to the victim's intoxication, poor lighting, restricted ability to observe the assailant, and prior inconsistent statements. The victim's evidence was also likely contaminated by conversations with other witnesses and suggestions of the appellant's name. The witness' identification was unreliable due to her distance from the assault, poor lighting, and prior inconsistent statements. The witness' evidence was also likely contaminated by her Facebook identification made in the presence of another witness and the suggestive nature of the process. The failure of the police to take descriptions of the assailants, conduct formal photographic identification procedures, interview other witnesses, or investigate properly meant that the identification evidence could not be properly tested. The evidence was insufficient to prove the charge beyond reasonable doubt. Consequently, the conviction was quashed, and the complaint dismissed.

In summary, the appeal was allowed because the Magistrate did not adequately warn herself of the inherent dangers and infirmities of the identification evidence. The evidence was deemed insufficient to support the conviction, leading to the quashing of the conviction and dismissal of the complaint.