A summing up on s 24 of the Criminal Code (Qld) that contains some infelicitous or colloquial passages will not vitiate a trial where correct directions on the onus of proof are given proximately to the jury's retirement and the directions as a whole adequately convey the legal position. Trial judges should ordinarily use the Supreme and District Courts' Benchbook as at least the basis for formulating directions on s 24. The opportunistic exploitation of a sleeping woman for sexual gratification warrants a penalty of some substance.
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4 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.