Evidence of similarity between inanimate objects (such as weapons) is admissible as circumstantial evidence without requiring a Domican warning, and its probative value in a circumstantial case is to be assessed in the context of the whole Crown case, not in isolation. A trial judge has power under s 43 of the Juries Act 2000 (Vic) to discharge a single juror after the jury has retired to consider its verdict. An accused's failure to disclose the whereabouts of a deceased's body cannot be treated as an aggravating factor on sentence but may be noted as the absence of a mitigating factor.
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