The statutory defence under s 218A(9) of the Criminal Code (Qld) — requiring proof of belief on reasonable grounds that the person was at least 16 — is not available where the charge is based on the accused's belief that the person was under 16 (as in fictitious person/undercover police cases). In such cases, the Crown must prove beyond reasonable doubt that the accused actually believed the person was under 16, with no requirement that the belief be reasonable. Directing the jury on the s 218A(9) defence in a belief-based case is a misdirection likely to occasion a substantial miscarriage of justice.
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