Where a sentencing judge imposes a global head sentence on a count to which Part 9A of the Penalties and Sentences Act 1992 (Qld) applies, but other counts were committed before Part 9A commenced, the sentencing judge must take into account the collateral consequence that parole eligibility is automatically deferred to 80% for offences to which Part 9A does not apply. Failure to address this consequence will result in the sentence being set aside. In such cases, cumulative sentences should be considered to avoid the inappropriate application of the serious violent offence parole regime to pre-Part 9A offences. The De Simoni principle prevents a sentence for a maintaining offence under s 229B from being increased to reflect uncharged offences of rape where the circumstance of aggravation increasing the maximum penalty was not charged.
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