A trial judge is not obliged to direct the jury on foreseeability under s 23(1)(b) of the Criminal Code (Qld) where foreseeability was not a real issue at trial and was only theoretical. For sentencing in grievous bodily harm cases involving a single spontaneous act of violence without premeditation, where the offender has no prior criminal history and was provoked, a sentence of 3 years imprisonment suspended after 9 months was outside the permissible range; 2 years imprisonment suspended immediately was substituted.
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