A threat of violence to induce compliance during a robbery constitutes 'the use of violence against another person' within s 9(3)(a) of the Penalties and Sentences Act 1992 (Qld), thereby excluding the sentencing principles in s 9(2)(a) that favour non-custodial sentences. The amendments to s 9 made by the 1997 Amendment Act apply to sentencing for offences committed before 1 July 1997, though the Court expressed reservations about the characterisation of these sentencing factors as procedural. The youth of an offender carries less weight under the amended s 9 regime where violence is involved.
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