Where evidence of rehabilitation is placed before a sentencing court and is not challenged by the Crown, the sentencing judge must make a proper finding as to whether the offender has been rehabilitated, not merely characterise the evidence as 'steps towards' rehabilitation. Failure to do so constitutes an error infecting the sentencing discretion. The operation of s 5(2) of the Drugs Misuse Act 1986 (Qld) cannot of itself render a sentence manifestly excessive if the sentence is otherwise within the proper exercise of the sentencing discretion.
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