Deprivation of liberty under s 355 of the Criminal Code (Qld) is a question of fact for the jury, and the offence can be established by independent evidence (such as police observations and third-party witnesses) even where the complainant's evidence on other counts is rejected as unreliable. Verdicts of guilty on deprivation of liberty and not guilty on sexual offences are not inconsistent where the former is supported by independent evidence and the latter depends on the complainant's unsupported testimony. Fresh evidence going only to the complainant's credit on a collateral issue will not warrant a new trial where the conviction does not depend on the complainant's evidence.
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