A parole eligibility date is not rendered illusory merely because a sex offender cannot access treatment programs while an appeal against sentence is pending. The approach in R v Lloyd of substituting probation for imprisonment to enable community-based treatment will not be adopted where the offender has shown blatant disregard of bail conditions, entered late pleas of guilty, and failed to identify any suitable community treatment program. The consequences of the legislative scheme under s 180(2)(b) of the Corrective Services Act 2006 (Qld) preventing access to programs during appeals are a result of the scheme and the offender's choices, and do not of themselves warrant restructuring the sentence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.