What is the test for eyewitness evidence in a sexual assault case?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Humber & Jenniex, 2019 CanLII 84877 (NL PC):
It has been noted that “[w]hether the eyewitness evidence relates to the recognition of a stranger or a person known to the witness, the focus of the assessment remains the same, that is a determination of the reliability of that evidence in the circumstances” (see Pitre v. R., 2019 NBCA 4, at paragraph 25).
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