Where an alleged indecent assault involves an act that is equivocal in its sexual connotation — capable of being regarded as indecent but not necessarily so — the motive or purpose of the accused is relevant to the jury's assessment of whether the act was indecent. A direction that motive is irrelevant in such circumstances constitutes a misdirection. This is distinct from motive as an element of the offence under s 352, which is excluded by s 23 of the Criminal Code 1899 (Qld).
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