The assessment of 'exceptional circumstances' under s 9(5) of the Penalties and Sentences Act 1992 (Qld) is not a separate preliminary stage but is integrated into the sentencing process: mitigating circumstances must be weighed against the seriousness of the offending. Factors which individually are not unusual may in combination constitute exceptional circumstances, but common mitigating factors such as guilty plea, remorse, cooperation, counselling and low risk of reoffending will not suffice where the offending involves multiple offences against very young children by a person in a position of trust.
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