Identification evidence warnings (Domican warnings) apply only when the prosecution relies on identification evidence to prove guilt; they are misplaced when the defence relies on identification evidence to raise a reasonable doubt, because the defence bears no onus to establish identity. A trial direction that creates a possible path to a verdict of guilty which was not open on the evidence and was not advanced by the Crown constitutes a miscarriage of justice.
The full text is available to signed-in members.