Where a person is charged under s 474.27(1) of the Criminal Code (Cth) on the basis of belief that the recipient was under 16, and there is evidence to the contrary of the age representation, s 474.28(3) has no further work to do and the trial judge should not direct the jury about it; the question of whether there is 'evidence to the contrary' is a question of law for the judge, not the jury.
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