Where an identifying witness's words at an identification parade are consistent with an absence of positive identification, that evidence cannot be treated as identification evidence and is at best a piece of circumstantial evidence. Domican directions must be given in respect of identification of clothing and other inanimate objects, and the jury must be warned of the displacement risk where police have shown the accused's clothing to witnesses before trial. A trial judge must not direct the jury to use circumstantial evidence to bolster equivocal identification evidence.
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