Where a jury acquits on one count of indecent dealing but convicts on another arising from the same occasion, the verdicts may be reconciled if the acquittal is explicable on the basis that the jury was not satisfied the conduct on the acquitted count was 'indecent', rather than on the basis of rejecting the complainant's credibility. A Markuleski direction is not required in such circumstances. For sentencing, a single count of indecent dealing at the lower end of the scale (brief touching of buttocks over clothing) by a stepfather may attract a sentence in the range of three to six months imprisonment, and the combination of low-level offending, absence of prior sexual offending, and a single episode may constitute exceptional circumstances under s 9(4) of the PSA.
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