Where a jury convicts on some counts and acquits on others in a multi-count sexual assault indictment, the verdicts may be reconciled where the counts of conviction involve a distinct type of sexual act (here, penile/vaginal intercourse) and the accused's own admissions in a police interview provide specific support for the complainant's evidence and the accused's knowledge of lack of consent in relation to that particular type of act. A sentencing judge who finds special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 must give effect to that finding by adjusting the statutory ratio between the non-parole period and the balance of term.
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