The term 'exceptional circumstances' in s 9(4) of the Penalties and Sentences Act 1992 (Qld) comprehends the full range of circumstances relevant to sentencing, including, on appellate re-sentencing, the sentencing process itself and post-sentence events such as rehabilitation. Professional lapses at the original sentencing hearing — where the sentencing court was not referred to and did not apply a mandatory statutory provision — may form part of the exceptional circumstances that relieve an offender of the requirement to serve an actual term of imprisonment. However, the dismissal of the appeal should not be taken as signalling that the original sentence was not manifestly inadequate.
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