Where a sentencing error is in the applicant's favour and correction would result in a more severe sentence, and the sentencing discretion has not otherwise miscarried, there is no utility in granting leave to appeal against sentence. An applicant may abandon an appeal before it commences to avoid the risk of an increased sentence under s 668E(3) of the Criminal Code 1899 (Qld). Section 188 of the Penalties and Sentences Act 1992 (Qld) may provide an alternative mechanism for correcting sentencing errors without the risk of increased sentence.
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