The amendment to s 15 of the Penalties and Sentences Act 1992 (Qld) permitting sentencing submissions on range does not alter the Barbaro principle that comparable sentences are yardsticks, not binding ranges. An applicant who seeks to appeal a sentence imposed in accordance with defence counsel's submissions must demonstrate exceptional circumstances. A head sentence of seven years for malicious act with intent involving repeated strikes with a golf club in a domestic violence context, with concurrent activation of suspended sentences, is within the proper exercise of the sentencing discretion.
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