A jury's acquittal on one count of rape and conviction on another arising from the same series of events is not unreasonably inconsistent where there is a rational explanation based on differences in the evidence supporting each charge, including differences in fresh complaint evidence and medical findings. Trial counsel's advice not to give evidence does not constitute a miscarriage of justice where the advice was objectively reasonable and accepted by the client in the exercise of a free and informed choice. Instructing solicitors should obtain signed instructions from clients on the decision not to give evidence to protect against subsequent allegations.
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