A bare threat to use violence, unaccompanied by actions demonstrating an imminent capacity or commitment to inflict violence, does not constitute an offence that 'involved the use of violence' under s 9(2A) of the Penalties and Sentences Act 1992 (Qld). Such offenders must be sentenced under the s 9(2) regime, which includes the principle that imprisonment should be imposed only as a last resort. The R v [name withheld] principle that a threat of violence can itself constitute 'violence' is confined to cases where the threat is accompanied by the immediate means to carry it out (such as robbery with a weapon).
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