The statutory defence under s 218A(9) and s 218B(8) of the Criminal Code (Qld) — belief on reasonable grounds that the person was at least 16 — has no application where the charge is based on the accused's belief about the person's age rather than the person's actual age. A direction on that defence in such circumstances constitutes a misdirection capable of confusing the jury. Where the sole issue across multiple counts is the accused's belief about the person's age, a conviction on one count cannot stand with acquittals on other counts unless something significant occurred between the counts to explain the different verdicts.
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