A direction to the jury comparing why a guilty person and an innocent person might give evidence, even without using the precise words of s 44J(b)(i) of the Jury Directions Act 2015 (Vic), contravenes that provision and gives rise to a substantial miscarriage of justice. Knowledge of a co-offender's trafficking activities, combined with residence at the premises where drugs are found, is insufficient to support an inference beyond reasonable doubt of complicity in trafficking by way of directing, assisting or encouraging.
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