In the ordinary course, offenders who spit upon police officers or break the skin by premeditated biting can expect to be sentenced to a term of imprisonment involving a period of actual custody. Significant mitigating circumstances including mental disorder may take a case out of the ordinary course, but do not necessarily require that no conviction be recorded where voluntary intoxication substantially contributed to the offending. A challenge to the recording of a conviction necessarily involves a challenge to the decision to impose imprisonment under s 152 of the Penalties and Sentences Act 1992 (Qld).
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