The omission of a full Markuleski direction does not occasion a miscarriage of justice where the verdicts of acquittal on some counts are explicable on rational bases other than rejection of the complainant's credibility, and the directions given were otherwise sufficient to alert the jury to the importance of credibility assessment. A retrial using edited recordings of complainant evidence under s 306I of the Criminal Procedure Act 1986 (NSW), with evidence of acquitted counts removed, does not constitute an abuse of process where the editing confers a forensic advantage on the accused by excluding potential tendency evidence. Tendency evidence of uncharged acts has substantial probative value where common features go beyond bare propensity to include the method of befriending, engineering access, and the manner of offending.
The full text is available to signed-in members, including the 1 later case that cites this judgment.