An accused's positive assertions in a police interview that go beyond mere denial of the Crown case — such as asserting the complainant was 'all in her senses' and speaking 'very naturally and casually' when the evidence overwhelmingly showed otherwise — are capable of constituting incriminating conduct (lies evidencing consciousness of guilt) under Part 6 of the Jury Directions Act 2013 (Vic). The distinction between a 'bald denial of guilt' and a positive false assertion of fact remains the critical dividing line.
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