In Western Australia, a trial judge in a multi-count sexual offence case is not required to direct the jury that doubt about the complainant's credibility on some counts should be considered when assessing credibility on other counts. The WASCA declined to follow the NSW Markuleski direction, agreeing with the Victorian Court of Appeal in R v Trainor that such a direction risks undermining the separate consideration direction and promoting impermissible propensity reasoning. The case also confirms that acquittals on some counts do not necessarily render convictions on other counts unsafe where rational factual distinctions can be drawn between the counts.
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