The Domican warning requirement extends to all forms of disputed identification evidence relying on sensory perception, including voice recognition and smell recognition, not only visual identification. Where defence counsel is instructed about the existence of easily obtainable evidence that is clearly relevant and there is no forensic disadvantage in pursuing it, failure to obtain or use that evidence may constitute a material irregularity. A trial judge's erroneous statement to an unrepresented accused that relevant evidence is inadmissible, which discourages the accused from pursuing an important aspect of the defence, may compound counsel's error to produce a miscarriage of justice. A 21-month delay between offence and complaint does not necessarily require a Longman direction, particularly where the rationale for the warning is largely absent on the facts.
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