A person cannot claim double punishment under s 16 of the Criminal Code (Qld) where the evidence establishes that community service was performed in respect of a different offence. A magistrate's taking into account community service hours in a general way when determining sentence is not necessarily an error where it favours the offender. The District Court judge's disavowal of the magistrate's statement about additional punishment for electing to go to trial confirms that exercising the right to contest a charge should not attract a heavier penalty.
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