Where the Crown calls a witness who gives negative identification evidence contradicting the positive identification of another Crown witness, the trial judge must direct the jury that if they accept the negative identification or cannot exclude it beyond reasonable doubt, they cannot convict. The negative identification must also be incorporated into the specific Domican warnings about weaknesses in the positive identification evidence, not merely treated as going to the credibility of the identifying witness. The proviso cannot cure such a deficiency where identification is the sole issue.
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