The 'norm' referred to in R v McDougall and Collas for the purpose of the serious violent offence declaration discretion under s 161B of the Penalties and Sentences Act 1992 (Qld) is the norm for the type of offence (e.g. rape), not the norm for factually similar subcategories of that offence (e.g. rapes committed during burglaries). The discretion to make a declaration is not dependent upon a finding that the circumstances take the offence out of the norm; other considerations may justify the exercise of the discretion. For rape of a stranger in their home, the sentencing range is nine to eleven years, with higher terms where there are significant acts of violence.
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