The ill health of an offender, including terminal illness with a short life expectancy, does not necessarily render a sentence manifestly excessive where the offender's condition in prison would not be materially worse than at home and the sentencing judge has already taken the ill health into account. The prospect of dying in prison, while attracting sympathy, is not of itself a ground for reducing sentence; the appropriate mechanism is the Parole Board's discretion under s 166(4) of the Corrective Services Act 1988 (Qld) to grant parole in special circumstances.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.