A trial judge's direction that a reasonable doubt on one count may be considered when assessing another count is sufficient without specifying how such doubt should affect the assessment, particularly where the evidence on the counts is materially different. The Markuleski direction must be applied with caution given the constraints of s 294AA of the Criminal Procedure Act 1986 (NSW). A District Court judge sentencing for an offence that could theoretically have been dealt with in the Local Court is not limited to the Local Court's jurisdictional maximum of 2 years imprisonment.
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