A Markuleski direction need not be given in precise terms where the substance of the direction is apparent to the jury from the directions given overall, including directions on uncharged acts and endorsement of defence counsel's 'domino effect' argument on credibility. An alternative verdict of unlawful sodomy need not be left to the jury where the only evidence of penetration is of non-consensual penetration and there is no evidential support for a finding of consensual sodomy. A forensic decision by defence counsel not to request an alternative verdict weighs heavily against a submission on appeal that the accused was deprived of a chance of acquittal.
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