A prosecutor's submission inviting the jury to infer from post-offence conduct (here, delay in calling 000) that the accused committed the offence constitutes reliance on incriminating conduct within Part 4 Division 1 of the Jury Directions Act 2015 (Vic), regardless of whether the conduct occurred at the scene of the offence. Non-compliance with the notice, determination and direction requirements of ss 19-21 will result in a substantial miscarriage of justice. The location of post-offence conduct (inside or outside the premises) is irrelevant to whether it falls within s 18.
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