Where an offence is alleged to have been committed by electronic communication (such as email), the prosecution must prove that the relevant act (sending the email) occurred within Queensland, or that an event caused by the act occurred within Queensland, as required by s 12 of the Criminal Code (Qld). The issue of locality need not be raised by the defence — it is raised by the evidence itself. However, where the defence effectively concedes jurisdiction at trial, a retrial may be ordered rather than an acquittal, at least where there is more than a remote possibility that further investigation could establish the jurisdictional link.
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