The Markuleski direction is neither mandatory nor crucial in all word against word cases involving multiple counts. The trial judge must assess, by reference to all the particular circumstances of the case, whether such a direction is necessary to ensure a balance of fairness. Where rule 4 leave is required because a direction was not sought at trial, subjective evidence from trial defence counsel as to why the direction was not sought may be admissible on the question of leave but does not inform the question whether there has been a miscarriage of justice.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
5 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.