Discretionary serious violent offence declarations under s 161B(3) of the Penalties and Sentences Act 1992 (Qld) should usually be reserved for the more serious offences that by their nature warrant them. Where the circumstances do not take the offence beyond the norm for that type and the sentencing judge does not identify matters otherwise justifying the discretion, the overall result is likely to be manifestly excessive. Where a discretionary declaration is made, the head sentence may need to be toward the lower end of the available range. Co-offenders in s 8 manslaughter cases must be differentiated based on their respective roles, culpability, and criminal histories.
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