Physical force used by an offender in a struggle with a victim during the commission of an offence constitutes 'violence against another person' under s 9(3)(a) of the Penalties and Sentences Act 1992 (Qld), even where the struggle was initiated by the victim in lawful self-defence. The 1997 amendments diminish the weight of youth as a mitigating factor for violent offences, though youth remains a material consideration relevant to rehabilitation. Prior sentencing authorities on young offenders may not provide reliable guidance for offences caught by s 9(3). Whether a threat of violence alone (without physical force) suffices under s 9(3)(a) was left open.
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