Walford v Director of Public Prosecutions (NSW)

The appeal concerned the admissibility of visual identification evidence in the Supreme Court of New South Wales. The appellant, Walford, sought to challenge the admissibility of certain identification evidence presented against him. The core of the dispute revolved around the proper interpretation and application of section 114 of the *Evidence Act 1995* (NSW), which governs the admissibility of visual identification evidence.

The Court of Appeal was required to determine several key legal issues. These included identifying the precise act of identification to which the objection was directed, and whether section 114 applied to both out-of-court and in-court visual identifications. Furthermore, the Court had to consider whether it was reasonable to have held an identification parade in the circumstances of the case, and the correct interpretation and application of section 114 in light of these considerations.

The Court's reasoning focused on the scope and operation of section 114 of the *Evidence Act 1995* (NSW). It clarified that the section applies to visual identification evidence generally, encompassing both identification made out of court and identification made in court. The Court emphasised that the ultimate question for admissibility under section 114 is whether the identification was made under circumstances where it was reasonable to have held an identification parade. The Court found that the identification evidence in question was admissible. Leave to appeal was granted, but the appeal was ultimately dismissed.