The principles in Festa v The Queen concerning identification directions do not apply where the prosecution case is based on circumstantial evidence and does not rely on positive identification evidence. In such cases, a trial judge's direction that draws the jury's attention to the shortcomings of any identification evidence and makes clear that the prosecution does not rely on positive identification is adequate. The 'one transaction rule' does not require offences committed on different days to be treated as part of the same transaction.
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