For the offence of maintaining an unlawful sexual relationship with a child under s 229B Criminal Code 1899 (Qld), the prosecution is not confined to the acts underlying the counts on which the jury convicts when proving the habituality element; evidence of other sexual conduct between the parties is admissible as direct evidence of the relationship, not merely as propensity evidence. The definition of 'offence of a sexual nature' in s 2A Criminal Law Amendment Act 1945 (Qld) does not apply to the Criminal Code. The joinder provision in s 229B(2) permits joinder of offences constituted by acts also relied upon for the maintaining offence.
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