The Pemble obligation to leave alternative defences to the jury does not require a self-defence direction where the accused's own evidence comprehensively negates any basis for the defence, including express disavowal and confirmation that the victim posed no threat. Post-offence conduct including flight, lies to emergency services, and involvement in planning to obtain a false passport may be left to the jury as consciousness of guilt evidence where the conduct is not 'intractably neutral' when viewed in the context of all the evidence. The Court flagged that the Jury Directions Act 2013 (Vic) may affect the future scope of the Pemble obligation.
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