A Markuleski direction is not required in all multi-count cases and may be inappropriate where the counts involve disparate offences and it is open to the jury to convict on one and acquit on another. Under the Evidence Act 1995, complaint evidence must include the terms of the representation; evidence that a complainant told someone 'what happened' without specifying the content is insufficient to constitute complaint evidence. A Longman warning is not required where there is no significant delay between the offence and complaint. A Jones v Dunkel direction in a criminal trial is limited to permitting the jury to infer that an uncalled witness would not have assisted the prosecution; it does not extend to inferring the witness would have positively harmed the prosecution case.
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