In Queensland, disputed facts relied upon by the prosecution at sentencing which are adverse to the offender must now be proved beyond reasonable doubt, not merely on the balance of probabilities. Disputed facts favourable to the offender need only be proved on the balance of probabilities. The previous Briginshaw-qualified balance of probabilities standard from Welsh, Jobson and Nardozzi no longer applies. The informal character of sentencing hearings (reliance on bar table assertions, depositions, etc.) is preserved, but the standard against which disputed aggravating facts are assessed has been elevated.
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