A sentencing judge may mitigate the effect of the 80% parole eligibility rule under s 5(2) of the Drugs Misuse Act 1986 (Qld) by imposing a head sentence at the lower end of the applicable range, but is not required to explicitly address this possibility where the sentence imposed already reflects such mitigation. If re-sentencing is required on appeal for drug trafficking offences committed after 13 August 2013, the 80% parole eligibility requirement under s 182A(3)(a) of the Corrective Services Act 2006 (Qld) continues to apply notwithstanding the 2016 amendments, as the specific provision prevails over the general ameliorative provision in s 180(2) of the Penalties and Sentences Act 1992 (Qld).
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