The Domican warning requirement is for a warning as to the dangers of convicting on disputed identification evidence, not a direction that it would be dangerous to convict on the identification evidence in the particular case — the latter would be akin to a direction to acquit. A spontaneous identification by profile recognition outside a courtroom, where the witness did not know the accused would be present, is not vitiated by the courtroom setting. An offence under s 294 of the Criminal Code (WA) (grievous bodily harm with intent) is in a substantially higher sentencing category than s 297 (grievous bodily harm without intent), and sentencing precedents for the lesser offence should not be relied upon for the greater.
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