For unlawful stalking charges under the Criminal Code (Qld) particularised over extended periods, the trial judge must direct the jury that the proven acts must together constitute a continuous course of conduct, not merely any two acts over the charged period. A direction that the jury need only agree on at least two particularised acts, without requiring those acts to form a continuous course of conduct, is a misdirection resulting in a miscarriage of justice. Where s 359D(e) is raised, the trial judge must direct on both the giving and obtaining of information, and must not reverse the onus of proof.
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