An interesting question, and not an academic one, for identical twins Gavin and Rhys Higgins, and for the alleged victim, Darryl Churchill. Per the Daily Mail:
Darryl Churchill had claimed that one of the twins set upon him after a dispute over a game of pool which he had refereed.
He told the court he was ‘punched and kicked’ and needed an operation to fix his nose after the alleged attack, but could not tell which brother was responsible because they look so alike.
And this went to trial why? Was the Cardiff Crown Court Judge supposed to flip a coin? Shockingly, the Higgins brothers …
… walked free today after a jury took less than a hour to acquit them over [the] rugby club altercation.
The jubilant pair were found not guilty of one charge each of assault causing actual bodily harm at a birthday party at their local rugby club.
What did the brothers have to say after the verdict?
Gavin said: ‘Me and my brother always seem to get dragged into trouble because we look alike. People are always mixing us up.
Um, okay. So that would mean one of you gets into trouble, and you both get “dragged” into it because it’s uncertain which one of you caused the trouble? Hmmm. That sounds familiar … Here’s the source, with photos of the brothers.