Where the potential causes of a fatal injury are part of one continuous episode and are not discrete acts or events, no unanimity direction is required as to the precise act causing death. A unanimity direction is only necessary where the separate potential causes of death are discrete, whether separated as a matter of time or circumstance. Evidence of the rarity of a particular injury mechanism is irrelevant to the question of murderous intent. The Jury Directions Act 2015 (Vic) does not exhaustively prescribe directions on incriminating conduct, and the 'intractably neutral' concept survives the legislative regime.
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