The integrated sentencing approach to serious violent offence declarations under Part 9A of the Penalties and Sentences Act 1992 (Qld) is confirmed as the correct approach, treating the declaration as an additional sentencing tool rather than reserving it for cases with special features. A sentencing judge's decision not to make a declaration, combined with imposing concurrent rather than cumulative sentences, can constitute adequate recognition of an early guilty plea. The dictum of McPherson JA in R v Lund suggesting declarations should be reserved for cases with special features does not represent the law.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
8 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.