1There is no binding rule of law requiring a Markuleski direction in every multi-count indictment trial; the obligation to give such a direction must be founded in the trial judge's general duty to ensure a fair trial, and depends on identifying a specific unfairness that would result from its absence.
2The statutory prohibition on Markuleski directions in s 132B of the Evidence Act 1977 (Qld) is confined to directions concerning the truthfulness or reliability of a complainant's evidence and does not preclude such directions in cases where no complainant credibility issue arises.
3Where rational reasons exist for a jury's acquittal on particular counts that bear no relevance to the counts on which convictions were returned — such as qualitative differences in the evidence supporting each count — the failure to give a Markuleski direction is unlikely to have realistically affected the jury's reasoning or caused a miscarriage of justice.
