Where a jury convicts on one count of sexual intercourse without consent but acquits on another arising from the same occasion and the same complainant, and the complainant's evidence is equally unequivocal on both counts with no other evidence capable of differentiating between them, the conviction cannot stand — particularly where the Crown case on the acquitted count was stronger than on the convicted count. The focus of the inquiry remains on whether there is a rational explanation for the acquittals other than doubt about the complainant's credibility.
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