In Queensland, the 'Pham approach' requiring exceptional circumstances before a non-custodial sentence can be imposed for child sexual offences does not apply retrospectively to offences committed before that practice developed in the 1990s. A sentencing court should apply, as far as is reasonably practicable, the sentencing standards applicable at the time of the commission of the offence, and should not apply a later, more onerous sentencing practice retrospectively to the disadvantage of an offender. This aligns Queensland with the position in New South Wales (R v MJR), South Australia (R v Kench), and the Northern Territory (Green v The Queen).
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