A sentencing judge exercising the discretion under s 161B(3) of the Penalties and Sentences Act 1992 (Qld) must independently consider whether the circumstances of the offence warrant a serious violent offence declaration and give reasons in that regard. The declaration cannot be used merely as a convenient mechanism to achieve a desired parole outcome. For trafficking in schedule 2 drugs, the circumstances must be distinguished from those involved in many other cases of the same type to warrant a discretionary SVO declaration.
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