The Court of Appeal may add a serious violent offence declaration under Part 9A of the Penalties and Sentences Act 1992 (Qld) on an Attorney-General's appeal, even where the Crown prosecutor did not seek such a declaration at first instance, where the overall sentencing result is markedly lenient. However, the primary obligation remains on the prosecutor to seek the declaration at first instance. For high-level drug trafficking offences, punishment and general deterrence are the dominant sentencing considerations, and personal mitigating factors will ordinarily not weigh heavily.
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