Where a sentence of less than three years is imposed for an offence that is not a 'serious violent offence' under s 161A of the Penalties and Sentences Act 1992 (Qld), the court must fix a parole release date under s 160B, not a parole eligibility date. The case also confirms that discrepancies in witness evidence of a volatile incident are ordinarily matters for the jury, and that where a jury is adequately directed on whether a police officer was acting in the execution of duty, a separate direction on consent to fight is not required absent a sufficient factual foundation.
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