Where a complainant identifies a person well known to them in video evidence of offending they have previously described, this is not identification evidence in the Domican sense requiring a specific warning. The Christie discretion to exclude does not apply where the evidence is highly probative — including where the complainant can describe distinguishing physical characteristics confirmed by independent evidence. Failure to object at trial to such evidence will not ground an appeal unless a miscarriage of justice is demonstrated.
The full text is available to signed-in members.