Identification of the offender

“[T]he… identification of the author of a crime should be the primal concern of criminal prosecution in any civilized legal system. Corollary to this is the actuality of the commission of the offense with the participation of the accused” .

In resolving the admissibility of out-of-court identification of suspects, the Supreme Court has adopted the “totality of circumstances” test where the following factors are considered: Further, “Macutay was admittedly scared and confused, which reduced his degree of attention. His disorientation was apparent when he gave his watch, wallet, and even his t-shirt to his assailants as soon as he heard ‘holdup.’ He did not even wait for them to tell him what they needed from him” .

“The totality of circumstances test also requires a consideration of the degree of certainty demonstrated by the witness at the moment of identification. What is most critical here is the initial identification made by the witness during investigation and case build-up, not identification during trial” .

“‘It is by now a well-established fact that people are less accurate and complete in their eyewitness accounts after a long retention interval than after a short one.’… This Court has considered acceptable an identification made two days after the commission of a crime, not so one that had an interval of five and a half months” .

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