A sentence will not be found manifestly excessive on the basis that prison programs are unavailable unless the applicant demonstrates that the unavailability rendered it impractical to obtain release on parole by the eligibility date, thereby thwarting the intended effect of the sentence. The operation of s 180(2)(b) of the Corrective Services Act 2006 (Qld), which precludes parole applications during a pending appeal, cannot render a sentence manifestly excessive.
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