Inconsistencies in a complainant's evidence that relate to uncharged acts or charges on which the accused was acquitted do not necessarily undermine the verdicts on charges of which the accused was convicted. An applicant on appeal will generally be bound by trial counsel's forensic decision not to seek a forensic disadvantage direction under s 39 of the Jury Directions Act 2015 (Vic), absent substantial and compelling reasons under s 16 requiring the judge to give the direction of their own motion.
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