The Crown must lead evidence of each element of each charged offence separately; evidence of uncharged acts establishing modus operandi cannot substitute for evidence of the offence charged. A complainant's colloquial use of 'would have' to describe past events may, in context, constitute positive evidence of actual conduct rather than mere surmise. Acquittals on some counts do not necessarily render convictions on other counts inconsistent where the jury was directed to consider each count separately and there is a rational explanation for the different verdicts.
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