A conviction for sexual intercourse without consent cannot stand where the complainant's final position in evidence was to deny the act occurred, having confirmed the truthfulness of an earlier denial made during medical examination. The Markuleski direction principles apply not only to juries but also to appeal courts assessing the reasonableness of verdicts — an appeal court must consider the cumulative effect of acquittals on related counts when assessing whether a remaining conviction is reasonable. In the ACT, grounds of appeal should use the statutory language of s 37O(2) rather than the term 'unsafe and unsatisfactory'.
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