Revised Laws of Saint Lucia (2021)

102.   Directions to jury

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    (1)   Where identification evidence has been admitted, the judge shall inform the jury that there is a special need for caution before accepting identification evidence and of the reasons for the need for caution, both generally and in the circumstances of the case.

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    (2)   In particular, the judge shall warn the jury that it should not find, on the basis of the identification evidence, that the defendant was a person by whom the relevant offence was committed unless—

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      (a)     there is, in relation to the identification, at least one special circumstance that tends to support the identification; or

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      (b)     there is substantial evidence, not being identification evidence, that tends to prove the guilt of the defendant and that the jury accepts that evidence.

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    (3)   Special circumstance for the purposes of subsection (2) includes—

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      (a)     that the defendant is known to the person who made the identification; or

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      (b)     that the identification was made on the basis that the quality of the identification is good.

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    (4)   Where—

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      (a)     it is not reasonably open to find the defendant guilty except on the basis of identification evidence; or

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      (b)     there are no special circumstances of the kind mentioned in subsection (3),

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    the judge shall direct that the defendant be acquitted.

Division 8
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Client legal privilege