When a court activates a suspended sentence of three years or less, the requirement to fix a parole release date under s 160B(3) of the Penalties and Sentences Act 1992 (Qld) must be considered as an integral part of the s 147(2) discretion, not as a separate step after the decision to activate. A parole release date cannot be fixed at the full-term release date, as that would not constitute a parole release date. Crown prosecutors and defence counsel should address parole release as part of submissions on whether activation of the whole sentence would be unjust.
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