Section 24 of the Criminal Code (Qld) (mistake of fact) is not raised on the evidence where the accused denies that sexual intercourse occurred and does not claim any belief about consent, even if there is evidence of flirtatious behaviour. A forensic scientist may give admissible expert opinion evidence explaining the meaning of a DNA profile established by a certificate tendered under s 95A of the Evidence Act 1977 (Qld), even where the scientist did not personally perform the DNA tests. A sentencing judge's reference to 'protracted violations' constitutes impermissible consideration of uncharged offences, but identification of sentencing error does not automatically warrant a lesser sentence under s 668E(3) of the Criminal Code.
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