Where a jury returns alternative verdicts of indecent dealing simpliciter under s 578(1) of the Criminal Code 1899 (Qld) rather than convicting of the charged offence with a circumstance of aggravation, the sentencing judge cannot treat the offender as having been liable to the higher maximum penalty for the aggravated offence for the purposes of s 229B(3). The defence of autrefois convict under s 17 precludes any further prosecution for the aggravated offence, and the offender cannot be said to be 'liable to imprisonment for 14 years or more' for those counts.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.