A sentencing judge must not adopt a sentence structure — including partial suspension of a trafficking sentence combined with a concurrent sentence on another count with parole eligibility — for the sole purpose of avoiding the mandatory 80% minimum custody requirement in s 5(2) of the Drugs Misuse Act 1986 (Qld). To do so would subvert the legislative purpose. The proper approach is the integrated sentencing exercise endorsed in R v Clark, considering the appropriate sentence by reference to the level of offending and s 9(2) of the Penalties and Sentences Act, with the impact of s 5(2) as an integral part of that consideration. Note: s 5 has since been replaced by a very different provision.
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