MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Jerry and Cody are accused of committing a robbery at a jeweller's shop. A number of hall-
marked gold rings were stolen. The incident was witnessed by Samuel and Karen, both of whom
gave descriptions of the two robbers as white males, in their 20s with blond hair. Whilst Jerry
fits this description, Cody is a mixed race male with dark hair. Both Samuel and Karen identify
Cody at a subsequent ID procedure, but only Samuel identifies Jerry. Both Cody and Jerry deny
being involved and argue that the identifications are mistaken. There is no other evidence
implicating the Defendants.
Which ONE of the following is WRONG?
[A] If he considers the quality of the identification evidence to be poor, the judge should withdraw
the case from the jury and direct an acquittal unless there is other evidence which goes to
support the identification.
[B] Since the defence case is based on a defence of mistaken identity, the judge has a discretion
whether to give a warning about the dangers of identification evidence.
[C] The judge should identify for the jury the evidence which has been presented during the trial that
is capable of supporting the identification evidence.
[D] The judge may direct the jury that Samuel’s identification of Cody may support Karen’s
identification of Cody, but the judge must warn the jury that the two witnesses could both be
mistaken.
[B] is WRONG. The judge does not have a discretion as to whether to give the Turnbull Warning
– it is mandatory in all cases where the case rests wholly or substantially on the correctness of
the identification. [F18.9].
P a g e 1 | 21
,Question 2
Peregrine is on trial for theft. The only evidence against him is that of a witness (who does not
know Peregrine) who claims that she saw him take a purse from the victim’s handbag. During
cross-examination, the witness concedes that the incident took place after dark in a busy street
about 40 yards from where she was standing. She also concedes that her view was partially
obstructed by passers-by and that she cannot now be sure that it was Peregrine she saw taking
the purse.
Which of the following is the most appropriate course for the Judge to take in this situation?
[A] Allow the case to go to the jury, but give a Turnbull warning.
[B] Exclude evidence of the identification.
[C] Allow the case to go to the jury, but not give a Turnbull warning.
[D] Withdraw the case from the jury and direct an acquittal is the CORRECT answer. This is a “single
best answer” question. Although the judge could allow the case to go to the jury, the witness has
conceded that she cannot be sure of the identification, and as such a jury properly directed could
not convict. Therefore the most appropriate course of action is to withdraw the case from the jury
under the R v Galbraith principles and direct an acquittal.
[D] is correct
P a g e 2 | 21
, Question 3
Which statement correctly describes the position relating to dock identifications?
[A] Dock identifications are never admissible
[B] Dock identifications are only admissible in cases which involve an alleged recognition.
[C] Dock identifications are only allowed in minor offences.
[D] The judge has a discretion to allow a dock identification to be admitted, but would ordinarily
prohibit any such identification as they have long been held to be unreliable.
[D] is the correct answer.
P a g e 3 | 21
ANSWERS
Bar Professional
Question 1
Jerry and Cody are accused of committing a robbery at a jeweller's shop. A number of hall-
marked gold rings were stolen. The incident was witnessed by Samuel and Karen, both of whom
gave descriptions of the two robbers as white males, in their 20s with blond hair. Whilst Jerry
fits this description, Cody is a mixed race male with dark hair. Both Samuel and Karen identify
Cody at a subsequent ID procedure, but only Samuel identifies Jerry. Both Cody and Jerry deny
being involved and argue that the identifications are mistaken. There is no other evidence
implicating the Defendants.
Which ONE of the following is WRONG?
[A] If he considers the quality of the identification evidence to be poor, the judge should withdraw
the case from the jury and direct an acquittal unless there is other evidence which goes to
support the identification.
[B] Since the defence case is based on a defence of mistaken identity, the judge has a discretion
whether to give a warning about the dangers of identification evidence.
[C] The judge should identify for the jury the evidence which has been presented during the trial that
is capable of supporting the identification evidence.
[D] The judge may direct the jury that Samuel’s identification of Cody may support Karen’s
identification of Cody, but the judge must warn the jury that the two witnesses could both be
mistaken.
[B] is WRONG. The judge does not have a discretion as to whether to give the Turnbull Warning
– it is mandatory in all cases where the case rests wholly or substantially on the correctness of
the identification. [F18.9].
P a g e 1 | 21
,Question 2
Peregrine is on trial for theft. The only evidence against him is that of a witness (who does not
know Peregrine) who claims that she saw him take a purse from the victim’s handbag. During
cross-examination, the witness concedes that the incident took place after dark in a busy street
about 40 yards from where she was standing. She also concedes that her view was partially
obstructed by passers-by and that she cannot now be sure that it was Peregrine she saw taking
the purse.
Which of the following is the most appropriate course for the Judge to take in this situation?
[A] Allow the case to go to the jury, but give a Turnbull warning.
[B] Exclude evidence of the identification.
[C] Allow the case to go to the jury, but not give a Turnbull warning.
[D] Withdraw the case from the jury and direct an acquittal is the CORRECT answer. This is a “single
best answer” question. Although the judge could allow the case to go to the jury, the witness has
conceded that she cannot be sure of the identification, and as such a jury properly directed could
not convict. Therefore the most appropriate course of action is to withdraw the case from the jury
under the R v Galbraith principles and direct an acquittal.
[D] is correct
P a g e 2 | 21
, Question 3
Which statement correctly describes the position relating to dock identifications?
[A] Dock identifications are never admissible
[B] Dock identifications are only admissible in cases which involve an alleged recognition.
[C] Dock identifications are only allowed in minor offences.
[D] The judge has a discretion to allow a dock identification to be admitted, but would ordinarily
prohibit any such identification as they have long been held to be unreliable.
[D] is the correct answer.
P a g e 3 | 21
