Section 9(5)(b) of the Penalties and Sentences Act 1992 (Qld), which requires actual imprisonment for sexual offences against children unless exceptional circumstances exist, does not apply to offences committed before its commencement on 26 November 2010. The provision is substantive, not procedural, and its application to pre-commencement offences is precluded by s 11(2) of the Criminal Code, s 20C(3) of the Acts Interpretation Act, and s 180(1) of the Penalties and Sentences Act. Where an offender has already served imprisonment for related historical offending and demonstrated rehabilitation over decades, a wholly suspended sentence may be appropriate.
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