The 'particularly heinous offence' determination under s 176(3)(b)(ii) of the Youth Justice Act 1992 (Qld) is not a 'circumstance of aggravation' under s 1 of the Criminal Code 1899 (Qld) and need not be pleaded in the indictment; it is a matter for the court's determination at sentence. However, if the prosecution does not raise s 176(3)(b)(ii) at sentence, the Attorney-General will face significant difficulty raising it on appeal absent exceptional circumstances. A sentence of four years detention with release after 50% for a premeditated attempted murder by a juvenile with no prior criminal history, good rehabilitation prospects, and a guilty plea was held not manifestly inadequate, though described as 'very lenient'.
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