Where Part 9A of the Penalties and Sentences Act 1992 (Qld) applies to an offence of trafficking in heroin, the sentencing court must take into account that the offender will serve 80% of the sentence before being eligible for parole. Pre-sentence custody not covered by a s 161 declaration must be calculated on the basis of the Part 9A regime (i.e., 384 days equates to approximately 16 months, not the lesser figure that would apply under the old remission/parole regime). A starting point of 16 years is within the proper range for wholesale trafficking in substantial quantities of high-grade heroin.
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