A trial judge directing a jury on photo board identification evidence must give the warnings about the dangers of such evidence with the authority of the judicial office, not merely as a recitation of defence counsel's arguments. Directions that tend to justify the use of a photo board rather than warn against its dangers are inadequate. Describing identification evidence as 'strong' or 'positive' is inconsistent with the required warnings about the dangers of photo board and dock identification.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.