Markuleski Direction

Published by Geoff Harrison | 11 August 2025

A Markuleski direction is applicable where an accused faces multiple counts on an indictment and where it is possible for a jury to return different verdicts. The jury should be instructed that if they find an accused not guilty on a particular count, particularly because the jury has doubts about the reliability of the complainant's evidence on that count, they should consider how that conclusion about the complainant's reliability impacts upon the remaining counts. This direction is particularly relevant in a sexual assault trial where it is a "word-on-word case" and there are multiple counts.

The Direction:

Giving separate consideration to the individual counts means that you are entitled to bring in verdicts of guilty on some counts and not guilty on some other counts if there is a logical reason for that outcome.

If you were to find the accused not guilty on any count, particularly if that was because you had doubts about the reliability of the complainant’s evidence, you would have to consider how that conclusion affected your consideration of the remaining counts.

Other Sources:

• Criminal Trial Courts Bench Book: Multiple counts — R v Markuleski

Case Law:

• R v Markuleski [2001] NSWCCA 290

• KRM v R [2001] HCA 11

• RWC v R [2013] NSWCCA 58

• Abdel-Hady ("SA") v R [2011] NSWCCA 196

• R v Gar [2003] NSWCCA 224

• Daniel Gerard Oldfield v R [2006] NSWCCA 219

• Keen v R [2020] NSWCCA 59

• Sita v R [2022] NSWCCA 90