A jury's failure to agree on some counts is not necessarily to be equated with an acquittal for the purpose of applying the inconsistent verdicts principles in MacKenzie v The Queen. The threshold for a s 132BA direction requires significant forensic disadvantage, not merely forensic disadvantage, and the manner in which the defence case is conducted at trial is relevant to whether that threshold is met. The use of 'propensity or tendency' language in a direction on relationship evidence admitted under s 132B is appropriate where the evidence shows other occasions of violence in the relationship. Expert evidence on the common symptoms and progression of symptoms from non-fatal strangulation is admissible as relating to matters outside the experience of ordinary persons.
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