Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE EVIDENCE CIRCUMSTANTIAL – where evidence as to identification of accused given by the complainant was surrounded by circumstances which weakened safe reliance on its accuracy – where other circumstances making reliance on the identification safe, do not exist – whether verdict unsafe or unsatisfactory

CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – UNSWORN STATEMENTS AND COMMENT ON FAILURE TO GIVE SWORN EVIDENCE – COMMENT – GENERALLY – where accused did not give or call evidence – where it was not submitted at trial nor on appeal that the circumstances entitled the prosecution to a Weissenstiener or Azzopardi direction as to the inferences the jury could draw from the accused’s silence – whether in the absence of such a direction, the evidence established beyond reasonable doubt that the accused was the complainant’s attacker