For the defence of dwelling under s 267 of the Criminal Code (Qld), a structure that is not a building can only qualify as a 'dwelling' if it is capable of being entered or remained within and an offence committed therein. Open outdoor areas such as concrete slabs, even if situated between dwelling structures on the same property, do not qualify. The Edwards v The Queen directions on consciousness of guilt lies do not require the trial judge to specifically cross-reference all evidence relevant to competing inferences, provided the jury is adequately directed on the competing inferences themselves.
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