Physical exhibits such as clothing are inadmissible where no evidence connects them to the accused, even where they match items seen in surveillance footage — the evidential link to the accused is essential. Where a trial judge directs the jury that a statement by the accused is a lie, but the evidence cannot logically support that conclusion, a Zoneff direction is required. An opportunistic robbery of a customer during a planned armed robbery of a shop falls within the scope of the common design under s 7 of the Criminal Code (WA), and need not be charged under s 8 as a probable consequence of the plan.
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