An agreed statement of facts tendered by consent at sentencing may incorporate references to a previously excluded police interview without offending s 10 of the Criminal Law Amendment Act 1894 (Qld), where the original inducement has dissipated and the statement constitutes a fresh voluntary admission. Section 13(3) of the Penalties and Sentences Act 1992 (Qld) does not require the sentencing judge to use the precise statutory words; references to the guilty plea in sentencing remarks that make clear the plea was taken into account are sufficient compliance. Where a sentence is reduced below 10 years only by reason of pre-sentence custody, a serious violent offence declaration under s 161B(3) remains appropriate if the effective sentence would otherwise have attracted a mandatory declaration under s 161B(1).
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