When an offender breaches a suspended sentence by committing a further offence, the proper sentencing structure under ss 147-148 of the Penalties and Sentences Act 1992 (Qld) requires the court to first order the whole or part of the suspended sentence to be served, and then impose the sentence for the breach offence cumulatively or concurrently upon it — not the reverse. The prolonged physical abuse of an infant calls for a head sentence for manslaughter in the range of at least eight to ten years before discount for mitigating factors such as a guilty plea.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
5 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.