A Domican warning is not required where the identifying witness has known the accused for many years and had extended opportunity to observe them; in such recognition cases, a full Domican warning is unduly favourable to the accused. Where a full Domican warning has been given, the jury may have regard to circumstantial evidence supporting the identification evidence without that reference undermining the warning. Model directions from the Charge Book must be adapted to the circumstances of the case and should not be used uncritically. The question whether the elements of trespassory entry and intent to commit a relevant offence in s 76(1) of the Crimes Act 1958 are distinct and substantive elements remains open but the Court expressed strong support for treating them as distinct.
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