A Brisbane former priest and schoolteacher found guilty of taking nude photos of a schoolboy in the 1970s has had his convictions overturned.
Michael Ambrose Endicott, 75, was convicted after trial last month of three counts of indecently dealing with the student from Brisbane's Villanova College.
The Court of Appeal on Wednesday ordered his convictions and 18-month jail sentence be set aside.
A day earlier, Endicott's barrister argued that at the time of the offences, Queensland law did not consider taking nude photos of a child to be indecent dealing.
It was not until 1989 the Criminal Code Act was expanded to make taking indecent photographs of a child a crime.
Before then, there needed to be indecent touching of the child to constitute an offence, the defence claimed.
"In relation to these charges, particularised as taking indecent photographs, they have to fall within the law as it existed at that time," his barrister Deborah Holliday told the Court of Appeal in Brisbane on Tuesday.
A jury found Endicott indecently photographed his young victim three times, the first time being on a school hiking trip in 1975 when he asked the nine-year-old to accompany him to a creek area in dense bush.
He photographed the student naked, prosecutors told Brisbane District Court.
The trial heard three years later, Endicott photographed him naked in the school tower.
Years later, when the boy was a teenager, Endicott took him into a change room and told him to strip then took photos of him in the shower, the jury heard.
Trial Judge Leanne Clare, who ordered his sentence be suspended after six months, labelled his crime "substantial" because he had taken advantage of a power imbalance with his victim.
The appeal court will publish its reasons at a later date.