Section 10 of the Criminal Law Amendment Act 1894 (Qld) is engaged where a threat or promise by a person in authority is conveyed to a suspect through the suspect's lawyer; the section does not require direct communication. Whether independent legal advice rebuts the presumption of inducement under s 10 is a question of fact to be assessed on all the circumstances, not a question of law amenable to reference under s 668A. The provision of legal advice, while a powerful indicator, does not as a matter of law necessarily dispel an inducement.
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