When directing a jury on a maintaining count under s 229B of the Criminal Code 1899 (Qld), the trial judge must distinguish counts that do not constitute 'offences of a sexual nature' as defined in s 229B(10) and direct the jury that those counts cannot be relied upon to prove the maintaining offence. Failure to do so may result in a miscarriage of justice, particularly where a majority verdict on one of the qualifying counts means the unanimity requirement in s 229B(3) may not have been met. A sentence of two years imprisonment for indecent treatment involving penile contact with the clitoris of a child under 12 is within range.
The full text is available to signed-in members, including the 1 later case that cites this judgment.