The principles governing inconsistent verdicts — which permit an appeal where a guilty verdict is logically inconsistent with an acquittal on another charge — do not extend to alleged inconsistencies between majority and unanimous guilty verdicts. A majority guilty verdict under s 46(2) of the Juries Act 2000 (Vic) is the verdict 'of the jury' and is not diminished by the fact that one juror could not join in the verdict. A complainant's description of an accused 'rubbing fingers all around' the vagina, without more, is insufficient to establish penetration of the external genitalia beyond reasonable doubt for the purposes of incest under s 44(1) of the Crimes Act 1958 (Vic), though this was a 2-1 holding.
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