The adequacy of identification directions should be assessed by their overall effect in producing a fair trial, not by rigid adherence to a prescribed format. A Domican warning is not required where the defence does not challenge the identification evidence. While it is preferable to give the Domican warning without reference to supporting evidence, a reference to such evidence during the warning does not necessarily cause a miscarriage of justice. A charge is not latently duplicitous merely because the evidence discloses multiple assaults, where the Crown has identified the particular assault relied upon as causing the injury.
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