A victim impact statement tendered under s 15 of the Victims of Crime Assistance Act 2009 (Qld) by a family member of the complainant may describe harm suffered as a result of the offences against the complainant, but may not describe the effect upon that family member of uncharged offending allegedly committed against the family member personally. Where a jury acquits of the aggravating circumstance that the child was under 12 on a maintaining charge, the sentencing judge must treat the maintaining period as commencing no earlier than the child's 12th birthday. Evidence of uncharged sexual acts is admissible in maintaining cases on the broader basis that it is relevant to proving the character of the unlawful sexual relationship, not merely to show sexual interest or propensity.
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