R v Markuleski [2001] NSWCCA 290 (1 August 2001)

[2001] NSWCCA 290

CRIMINAL LAW – sexual offences – appeal against conviction – whether five verdicts of guilty returned by the jury unreasonable having regard to one verdict of not guilty – Jones v The Queen [1997] HCA 12; (1997) 191 CLR 439

CRIMINAL LAW – sexual offences – appeal against conviction – directions of trial judge to jury – whether adequate direction relating to relevance of delay in complaint to credibility of complainant – where significant delay between commission of offences and complaint – whether adequate direction given relating to relevance of acquittal on any count to credibility of complainant on all counts

CRIMINAL LAW – sexual offences – appeal against conviction – whether question asked by jury about complainant’s motivation for complaint suggested impermissible process of reasoning – where significant delay between commission of offences and complaint – whether trial judge’s response to question was adequate.