When re-sentencing an offender for breach of a probation order under s 126(6)(b) of the Penalties and Sentences Act 1992 (Qld), the court must have regard to the making of the probation order and anything done to comply with its requirements. Where breaches are less serious than the original offending and occur near the end of the probation term, and the offender is young with reasonable rehabilitation prospects, a custodial sentence may be justified but the parole release date should reflect these mitigating factors.
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