Where a complainant's distressed condition is relied upon as evidence supporting a sexual offence charge, the trial judge must direct the jury to consider whether the distressed condition may be attributable to a cause other than the alleged offence, particularly where the nature of the relationship between the parties is a live issue. A Markuleski direction is not required where there is a rational basis for the jury to differentiate between verdicts on different counts due to additional supporting evidence on the count of conviction. No direction is required concerning a hypothetical possibility that is inconsistent with the cases advanced by both parties.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
4 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.