In R v FBH [2024] QCA 149, the Queensland Court of Appeal considered an appeal against the conviction of FBH for the crime of indecent treatment of a child under 16. The appeal encompassed two main grounds: first, the argument that the trial judge improperly instructed the jury regarding prior instances of touching the complainant, allowing them to be interpreted as evidence of the appellant's sexual interest; second, the appellant contended that the prosecutor's use of the term "victim" in closing arguments improperly influenced the jury. The trial, which took place in the District Court at Cairns, culminated in a guilty verdict delivered on 27 April 2023. Upon review, the Court of Appeal dismissed the appeal on 16 August 2024, affirming that the trial judge's directions were appropriate and did not lead to a miscarriage of justice, nor did the prosecutor's remarks materially affect the trial's outcome.
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