The standard of proof for contested sentencing facts in Commonwealth offences tried in State courts is governed by s 132C of the Evidence Act 1977 (Qld) (applied via s 79 of the Judiciary Act 1903 (Cth)), not the Evidence Act 1995 (Cth), requiring satisfaction on the balance of probabilities with the degree of satisfaction varying according to the significance of the consequences. Where an offender wishes to rely on duress as a mitigating circumstance on a plea of guilty, the burden is on the offender to establish it on the balance of probabilities. No House v The King error arises merely because an applicant perceives that insufficient weight was given to particular mitigating factors.
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