A sentencing judge must indicate an intention to make a serious violent offence declaration under s 161B(3)(b) of the Penalties and Sentences Act 1992 (Qld) and give adequate reasons, so that counsel has an opportunity to make submissions. The declaration is not appropriate where the offender lacks a substantial history of violence, the offence was incompetently executed, and no serious violence eventuated.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.