Section 9(2)(a) of the Penalties and Sentences Act 1992 (Qld) (imprisonment as last resort) applies to the offence of knowingly possessing child exploitation material under s 228D of the Criminal Code 1899 (Qld), as s 9(5) does not apply to that offence. However, a sentence of actual imprisonment for possession of a very large volume of child exploitation material (16,865 images) is within range notwithstanding the imprisonment-as-last-resort principle, given the increased maximum penalty of five years signalling legislative intent for more substantial penalties.
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