The enactment of s 5(2) of the Drugs Misuse Act 1986 (Qld) does not limit the sentencing court's discretion to opt for a suspended sentence, does not establish a preference for parole over suspension, and does not require that a suspended sentence ensure actual custody comparable with the 80% minimum under s 5(2). A sentencing judge may legitimately impose a longer head sentence for a suspended sentence than for a parole-based sentence. For street-level drug trafficking over approximately four months to fund an addiction, a sentence of five years imprisonment suspended after one year and eight months is within the available range.
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