The definition of 'dwelling' in s 1 of the Criminal Code (Qld) extends to the underneath of a highset residence that is accessible and used or useable for domestic purposes, including areas used for storage and containing a laundry. Where there is evidence capable of supporting the defence of dwelling under s 267, the trial judge must direct the jury on that defence, and failure to do so constitutes a miscarriage of justice even if the direction was not sought by counsel.
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