Under ss 17 and 18 of the Jury Directions Act 2013 (Vic), the trial judge retains the common law obligation to identify for the jury all evidence — whether direct or circumstantial — that is relevant to the issues in the trial; this obligation is not discharged merely by referring to counsel's closing addresses. Evidence of an accused's possession of firearms or implements similar to those used in a crime is admissible as part of a circumstantial case where the items could have been used in the commission of the offence, but is inadmissible where the items could not have been so used, as it would then bear only on propensity. An appellant challenging a conviction based on circumstantial evidence must address the combined probative force of all relevant evidence, not merely isolated items.
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