In Victoria, a trial judge is not required to give a Markuleski direction in multi-count sexual offence cases where the complainant's evidence is the sole direct evidence. The Victorian Court of Appeal has declined to follow R v Markuleski, holding that such a direction is likely to undermine the separate consideration direction and promote propensity reasoning. Mixed verdicts of guilty and not guilty on different counts are not necessarily inconsistent where rational bases exist for the different outcomes.
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