LEGAL PRINCIPLE: EVIDENCE LAW — Identification — Duty of Trial Court — Turnbull Warning
PRINCIPLE STATEMENT
When a case depends wholly or substantially on identification evidence, the judge must warn the jury or himself of the special need for caution before convicting, and instruct on the reasons for the warning and the possibility that a mistaken witness can be convincing.
RATIO DECIDENDI (SOURCE)
"First, whenever the case against an accused depends wholly or substantially on the correctness of one or more identifications of the accused which the defence alleges to be mistaken, the Judge should warn the jury of the special need for caution before convicting the accused in reliance on the correctness of the identification or identifications. In addition, he should instruct them as to the reason for the need for such a warning and should make some reference to the possibility that a mistaken witness can be a convincing one and that a number of such witnesses can all be mistaken."
EXPLANATION / SCOPE
The Turnbull warning is mandatory where the case depends wholly or substantially on identification evidence. The judge must: (1) warn the jury of the special need for caution; (2) explain why the warning is needed; (3) refer to the possibility that a convincing witness can be mistaken; and (4) note that multiple witnesses can all be mistaken. The warning must be given even if the judge is sitting alone (judge must warn himself). Failure to give the warning may render the conviction unsafe. The warning ensures that the fact-finder does not overvalue identification evidence. The judge must also examine the quality of the identification. Poor quality identification should be withdrawn from the jury. The rule is a critical safeguard against wrongful convictions.
CASES APPLYING THIS PRINCIPLE
None recorded.