Where the Crown case on multiple counts depends primarily on the same accomplice witness, and the quality of that witness's evidence does not appreciably differ between counts, acquittals on some counts will render guilty verdicts on remaining counts inconsistent and unsustainable unless there is a rational basis — such as corroboration, contradictory evidence, variable quality of testimony, or a merciful verdict — for distinguishing between them. Equivocal evidence that is neither contemporaneous nor amounts to an assertion of intention is incapable of providing such a rational basis. Where inconsistent verdicts are set aside and the acquittals cannot be disturbed, verdicts of acquittal should be entered on the remaining counts as carrying forward the logic of the acquittal verdicts.
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