Where the evidence discloses multiple separate and distinct acts of sexual intercourse (as defined in s 61H(1) of the Crimes Act 1900 (NSW)), each act must be charged as a separate count; a single count covering multiple acts of penetration is bad for duplicity. The exceptions for continuing offences and facts so closely related as to amount to one activity do not apply where the acts have different characteristics (e.g., penile/vaginal, penile/oral, object/vaginal), each with a distinct beginning and end. The Crown must either frame separate counts or be called upon to elect.
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