LEGAL PRINCIPLE: CRIMINAL LAW – Identification of Accused Persons – Recognition by Witnesses Who Knew Accused Prior to Incident
PRINCIPLE STATEMENT
Where the incident happened in broad daylight with no obstruction of view between the witnesses and their assailants, and the witnesses knew the accused persons before the incident, the question of mistaken identity or non-recognition is completely ruled out.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Bashaya v. State (1998) NLC-1151996(SC) at pp. 11–12; Paras C–E.
"The incident happened in broad day light with no obstruction of the view between the witnesses and their assailants, the appellants inclusive. The question of mistaken identity or non-recognition of the appellants in their participation in the criminal act is completely ruled out."
EXPLANATION / SCOPE
Recognition evidence is stronger than identification of a stranger. Where the witness knew the accused before the incident and had a clear view, mistaken identity is unlikely. The principle applies to criminal trials. The court must still exercise caution. The prosecution need not conduct an identification parade if the witness already knew the accused. The rule is based on the Turnbull guidelines. The witness’s prior acquaintance adds weight. The court will consider the circumstances of the recognition. The defence may challenge the recognition.
