A sentence of imprisonment (even wholly suspended) for bomb threat offences under s 321A(2) of the Criminal Code may be manifestly excessive where the threats were not taken seriously, no alarm was caused, and the offender has significant mitigating circumstances including intellectual disability, no criminal history, and genuine rehabilitative efforts. In such circumstances, probation with special conditions and non-recording of conviction may be the appropriate disposition. The principle that imprisonment should be a last resort under s 9(2)(a) of the Penalties and Sentences Act 1992 (Qld) applies to bomb threat offences where the threats did not induce any belief in the existence of a bomb, as such offences do not involve 'violence' within s 9(3).
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