The Court of Appeal refused the sentence application, holding that the serious violent offence declaration accompanying a 9-year sentence for trafficking in dangerous drugs was not manifestly excessive. The Court confirmed that s 161(4) of the Penalties and Sentences Act 1992 (Qld), which allows a declaration in respect of pre-sentence custody, did not apply where part of that custody related to interstate warrants. The Court also held that relatively little weight given to the applicant's poor health did not render the sentence manifestly excessive, and that the parity principle was satisfied given the applicant's greater criminality compared to his co-offender.
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