A direction under s 64(1)(e) of the Jury Directions Act 2015 (Vic) that a reasonable doubt is not 'an unrealistic possibility' does not diminish the criminal standard of proof, is not inconsistent with s 13.2 of the Criminal Code (Cth), and is not inconsistent with s 80 of the Constitution. The direction is therefore available in trials of Commonwealth offences in Victorian courts exercising federal jurisdiction under s 68 of the Judiciary Act 1903 (Cth). The statutory formulation 'unrealistic possibility' is functionally equivalent to the 'unreal possibility' endorsed in Green v The Queen.
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