R v Tab

The Benchbook formulation of the Markuleski direction (directing the jury to consider the reason for doubt on one count and whether it affects assessment of evidence on remaining counts) is adequate without specific reference to 'truthfulness and reliability'. Where a complainant's evidence on the count of conviction is no more persuasive than on counts resulting in acquittal, and there are additional concerns about reliability of recollection (delayed complaint, identification by voice alone, rapid transition from uncertainty to certainty, possibility of dream or imagination), the verdict may be set aside as unreasonable.