An unlawful sexual relationship under s 229B of the Criminal Code (Qld) can be proved by continuity of sexual acts including those for which the offender is liable as an enabler, aider or procurer under s 7(1)(b)-(d), even if the actual sexual acts are committed by different persons on each occasion. However, McMurdo JA's dissent raises a live question about whether s 7's deeming effect is limited to the specific offence constituted by the act, and does not extend to attribute acts for the broader purpose of proving the maintaining element of s 229B. Propositions from an overturned judgment that are drawn from independent authorities remain valid and may be relied upon by a trial judge.
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