A robbery convction was unsafe where it was secured on the basis of identification evidence . Although the judge had given a full and proper Turnbull direction, part of his direction was given in a way that was capable of being misleading and, in combination with a weak identification in extremely difficult circumstances, it gave rise to concern about the safety of the conviction.
None of the hallmarks of an ID factual matrix which might have added cogency to the identification were present and the Court correctly identified that as a reuslt the evidence was unreliable .