Section 9(10A) of the Penalties and Sentences Act 1992 (Qld), which requires courts to treat domestic violence offences as an aggravating factor on sentence, is a procedural provision that applies to sentencing for offences committed before its commencement on 5 May 2016. The provision directs the sentencing judge's approach to the exercise of discretion by identifying an aggravating factor to be weighed, rather than mandating a particular sentencing outcome, and is therefore distinguishable from s 9(5)(b) which was held substantive in Koster.
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