Where a jury convicts on a maintaining an unlawful sexual relationship charge but acquits on some specific counts, the sentencing judge must make findings of fact about the duration of the relationship and the nature and frequency of the unlawful acts, consistent with the verdicts. Failure to do so constitutes a fundamental miscarriage of the sentencing proceeding. The standard of proof for adverse findings in sentencing is the balance of probabilities under s 132C of the Evidence Act 1977 (Qld), but the degree of satisfaction required varies with the seriousness of the consequences, requiring a high degree of satisfaction for serious maintaining offences.
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