Where an offender's diminished responsibility also indicates continuing dangerousness, the reduction in moral culpability may be counterbalanced by the need for community protection, resulting in a lesser or no discount for diminished responsibility. The availability of a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) does not justify imposing a lower sentence than the crime warrants; the issue of continuing detention should arise towards the conclusion of the term which properly reflects denunciation, punishment, deterrence and community protection.
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