A lie told by an accused in response to a general allegation of misconduct is capable of constituting incriminating conduct under the Jury Directions Act 2015 (Vic), even where the accused has not been informed of the specific allegations. The accused's own knowledge of the offence provides the foundation for the inference of guilt. A direction under s 21(1)(a) that refers to the accused's belief that he committed certain acts may satisfy the statutory requirement provided those acts could constitute the offence charged, even without explicit reference to the offence charged by name.
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