Section 188(1)(c) of the Penalties & Sentences Act 1992 (Qld) does not authorise reopening a sentence where the offender is subsequently convicted of offences committed before the original sentencing, because the criminal history was factually correct at the time of sentence. Where sentencing is fragmented, the second sentencing judge should fashion a sentence (including possible cumulative component) to achieve appropriate totality rather than seeking to reopen the earlier sentence.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.