A defendant seeking a forensic disadvantage warning under s 61(1A) of the Crimes Act 1958 (Vic) or s 165B of the Evidence Act 2008 (Vic) must identify the particular consequences of delay with precision, demonstrate the obstacles confronting the defence, and may need to lead evidence of attempts to overcome those difficulties. Hypothetical or speculative disadvantage will not suffice. Failure to pursue available avenues of investigation (such as searching electoral rolls, rate notices, or utility records) may undermine a claim of significant forensic disadvantage.
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