Prosecutorial disclosure obligations under the Criminal Procedure Act 2009 (Vic) do not require disclosure of material until it becomes 'relevant' to the contested issues — relevance is assessed dynamically as the issues evolve during the proceedings. Where an alternative suspect only becomes a live issue during trial, material relating to that suspect need not have been disclosed earlier. Detailed false accounts by an accused nominating specific individuals as responsible for an offence are 'far more than a general or bare denial of guilt' and are capable of constituting incriminating conduct (implied admissions) where the falsity can be proved independently of proof of guilt.
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