Where the Crown case is substantially based on the evidence of a single witness whose identification of the accused is equivocal (expressed as 'pretty sure' and 'not 100 per cent' certain), that evidence may be incapable of sustaining a finding of guilt beyond reasonable doubt. A trial judge's failure to put the defence case to the jury and to direct the jury as to the manner in which the Crown relies on such evidence constitutes a miscarriage of justice going to the root of the proceedings.
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