A sentencing judge must not take into account the distress caused to a complainant by having to give evidence, nor the manner in which the defence was conducted, as aggravating factors. When sentencing an adult for an offence committed as a juvenile, the court must give adequate weight to the principles of the Juvenile Justice Act 1992 (Qld), including the offender's age as a mitigating factor, and must have regard to comparable sentences for juvenile offenders. Where a sentencing judge makes observations on irrelevant matters during sentencing remarks, an appellate court may infer those matters influenced the sentencing discretion unless the context dictates otherwise.
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