A prosecutor's closing address remarks inviting the jury to infer that an accused took steps to destroy evidence because he believed he was guilty constitute 'reliance' on incriminating conduct within Part 4 of the Jury Directions Act 2015 (Vic), even where the remarks are made in the context of submissions about the accused's credit, and non-compliance with the notice and direction requirements of that Part will result in a substantial miscarriage of justice where the conviction is not inevitable.
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