For the offence of handling stolen goods under s 88 of the Crimes Act 1958 (Vic), the prosecution is not required in every case to prove that the accused had exclusive possession of the property. Rather, the accused must be proven to have been in possession or control either alone or jointly with another; where the evidence raises the possibility that another person may have had possession or control, the jury must be directed that it must exclude that possibility beyond reasonable doubt. The requirement of exclusivity is not an inflexible rule but depends on the factual circumstances, particularly whether another identified person had a competing degree of control. Separately, where defence counsel makes a deliberate forensic decision to cross-examine on material earlier ruled inadmissible, the prosecution may adduce evidence on that topic in re-examination.
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