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Dupas v The Queen (2012) 218 A Crim R 507

Facts: 3 witnesses (Ws) who hadn’t witnessed the actual killing, but said they saw the person hanging around a graveyard (where the murder happened). They identified the defendant (D) as the person they’d seen (identification evidence). However, D’s face had been placed in the media (the ‘displacement’ effect), which may have set in the mind of the Ws between seeing the perpetrator and identifying them at trial (years had passed). Expert W gave evidence re identification evidence, delay and post-event information resulting in a displacement effect. The expert W did not give an opinion regarding the likelihood that the specific Ws memory had been affected.

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