Victim impact harm that is an unintended and indirect consequence of offending may be taken into account on sentence under s 9(2)(c) of the Penalties and Sentences Act 1992 (Qld) where it occurred 'because' of the offending, but the weight given to such harm should be moderated to reflect its indirect and unintended nature. A sentencing judge's decision to reflect mitigating factors solely through an early parole release date does not justify inflating the head sentence beyond an objectively appropriate range. For serious assault of police involving attempted blows that do not make contact, committed by an offender in a drug-induced psychotic state with limited criminal history, head sentences of six months imprisonment are within the appropriate range.
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