A legislative amendment to the Corrective Services Act coming into force after sentencing does not provide a basis for reopening a sentence under s 188(1)(c) of the Penalties and Sentences Act 1992 (Qld), as that provision only applies where the court to which application is made imposed or varied the sentence. The question whether refusal of leave to appeal against sentence extinguishes the right to bring a further application remains open in Queensland.
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