An offender's advanced age and chronic ill health, while relevant mitigating factors under s 16A(2)(m) of the Crimes Act 1914 (Cth), do not warrant the avoidance of actual custody where the offending is grave and the health conditions can be managed within the corrective services environment. A release date set below the customary one-third of the head sentence may adequately reflect mitigation for age and health. Where health deteriorates after sentencing, the appropriate remedy is an application for exceptional circumstances parole under s 176 of the Corrective Services Act 2006 (Qld), not a reduced sentence at the outset.
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