Section 578(1) of the Criminal Code (Qld) is facultative and does not require the trial judge to leave an alternative offence; whether to do so depends on the fairness of the trial in the particular circumstances. An alternative verdict of indecent assault on a rape charge may be supported by DNA evidence alone without reliance on the accused's own testimony. A jury verdict on a lesser alternative offence does not demonstrate acceptance of the accused's account of the nature of the sexual conduct.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.