The common law rules governing identification directions (including Domican warnings) have been abolished by s 37 of the Jury Directions Act 2015 (Vic) and replaced by the statutory regime in ss 35-37. Under s 36, counsel must request identification directions and specify the significant matters that may make the evidence unreliable. A trial judge's obligation to inform the jury of significant matters under s 36(3)(b) only arises upon a request by counsel under s 36(1) and specification by counsel under s 36(2). The proposition that circumstantial evidence must be disregarded when evaluating identification evidence appears to run counter to prevailing authority.
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