A prosecutor's failure to submit at first instance that a serious violent offence declaration or deferred parole eligibility is warranted will ordinarily preclude the Attorney-General from successfully arguing on appeal that such an order should have been made, absent exceptional circumstances. [name withheld] v The Queen does not preclude prosecutors from making submissions about the enlivenment of the discretion to make a serious violent offence declaration or defer parole eligibility. For grievous bodily harm involving unprovoked attacks on vulnerable elderly victims in public places, a head sentence of four and a half years with parole eligibility at the one-third mark, while lenient, falls within the range of the sentencing discretion.
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