R v McKenzie

JurisdictionBahamas
CourtCourt of Appeal
JudgeAllen, P.,ADDERLEY, J.A.,Isaacs, J.A.,Adderley, J.A.
Judgment Date25 March 2015
Neutral CitationBS 2015 CA 34
Date25 March 2015
Docket NumberSCCrApp & CAIS No. 249 of 2014

Court of Appeal

Allen, P.; Adderley, J.A.; Isaacs, J.A.

SCCrApp & CAIS No. 249 of 2014

Regina
and
McKenzie
Appearances:

Mr. Aaron Johnson, Counsel for appellant.

Respondent appeared Pro Se.

Whether the judge was wrong to exclude the dock identification of the respondent — Whether the judge was wrong to have accepted the no-case submission and to have directed the acquittal of the appellant — Appeal allowed-Case remitted for re hearing.

Allen, P.
1

Having heard the submissions of counsel and those of the respondent, we are satisfied that the learned judge was wrong to have excluded the dock identification of the respondent given the circumstances in this case which appear to be on all fours with the case of Sylvester Aritis v. Regina (SCCrApp No. 174 of 2010); and we refer particularly to paragraphs 14 and 15 of that case.

2

The principle is that dock identification is not, per se, inadmissible. It all depends on whether the admission of that evidence would negatively impact the fairness of trial.

3

This was not a case of the identification of a stranger, but one who claimed to know the respondent since he was a young boy. In those circumstances, it would have been a farce (as it was in the Aritis case) to have conducted an ID parade.

4

In the premises, the learned judge was wrong to have accepted the no-case submission and to have directed the acquittal of the appellant.

We therefore allow the appeal and remit this back to the Supreme Court for hearing.

Allen, P.
ADDERLEY, J.A.
5

I agree.

Adderley, J.A.
Isaacs, J.A.
6

I also agree.

Isaacs, J.A.

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