The offence of indecent dealing under s 210 of the Criminal Code (Qld) (as it stood prior to the 1989 amendments) requires some form of touching, whether initiated by the accused or the complainant. Conduct such as photographing a naked child, without any physical contact, cannot constitute the offence. The inclusive definition of 'deal with' (including acts constituting an assault) was intended to expand the offence beyond the English position in Fairclough v Whipp to cover situations where the complainant touches the accused, not to dispense with the requirement of touching altogether.
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