A substance-induced psychosis, being a state resulting from pathological changes in brain biochemistry, is distinct from 'voluntary intoxication by drugs' under s 9(9A) of the Penalties and Sentences Act 1992 (Qld). Where an offender was both intoxicated and suffering from a psychosis at the time of offending, the psychotic condition must still be considered as a mitigating factor in sentencing, notwithstanding the statutory exclusion of voluntary intoxication. Pre-sentence custody should generally be reflected in the head sentence rather than only in the parole eligibility date, given the uncertainty about a grant of parole.
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