When exercising the discretion to make a serious violent offender declaration under s 161B(3) of the Penalties and Sentences Act 1992 (Qld), the sentencing judge must consider the combined effect of the head sentence and the declaration on parole eligibility, and may impose a sentence at the lower end of the range if making the declaration, or at the higher end if declining to make it. Youth remains a significant mitigating factor even in cases of serious armed robbery, and a sentence that does not sufficiently account for youth and rehabilitation prospects may be manifestly excessive.
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