A direction under s 21 of the Jury Directions Act 2015 on incriminating conduct need not require the jury to find that the accused believed they had committed the specific offence charged; it is sufficient to direct on the real issue at trial (here, whether the accused knew she had hit a cyclist). A sentencing judge's finding that reoffending is 'likely' must be supported by the evidence and cannot rest primarily on prior convictions of a significantly different type committed years earlier, particularly where there is evidence of substantial rehabilitation efforts. Community protection carries less weight as a sentencing consideration in fatigue-related culpable driving than in cases involving deliberate road rule breaches.
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