A sentencing judge's failure to give express reasons for making a serious violent offence declaration under s 161B(3) of the Penalties and Sentences Act 1992 (Qld) is not an appellable error where the sentencing remarks demonstrate acceptance of the prosecution's submissions on the appropriateness of the declaration, particularly where defence counsel did not contest the declaration. The correct form of declaration under s 161B(3) is that the offender was convicted of a 'serious violent offence', not that the offender is a 'serious violent offender'.
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