Where the Crown prosecutor at first instance does not seek a serious violent offence declaration under s 161B of the Penalties and Sentences Act 1992 (Qld), the Attorney-General faces a significant obstacle on appeal in contending that the failure to make such a declaration rendered the sentence manifestly inadequate. The Court of Appeal will only intervene to increase a sentence beyond that sought by the prosecutor at first instance in exceptional cases, such as where the sentencing judge failed to appreciate the seriousness of the offending or it is necessary to maintain public confidence in the administration of justice.
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