Section 156A of the Penalties and Sentences Act 1992 (Qld) mandating cumulative sentences applies only to offences listed in Schedule 1; burglary, stealing and unlawful use of motor vehicle offences are not Schedule 1 offences. Where a sentencing judge erroneously treats a cumulative sentence as mandatory, this vitiates the sentencing discretion as the judge sentences on the basis that the legislature ascribes greater gravity to the offences than is the case. Where an offender is unlikely to be granted parole, cooperation with authorities should be reflected in the head sentence itself, not merely in the parole eligibility date.
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