A sentencing judge is not required to expressly refer to s 9(2)(a)(ii) of the Penalties and Sentences Act 1992 (Qld) provided the reasons reveal that the judge weighed whether a community-based sentence was appropriate. A submission that insufficient weight was given to rehabilitation does not demonstrate legal error in the House v The King sense. For trafficking in cannabis over 22 months at street and wholesale level involving 21 customers and 162 transactions, a head sentence of three years with nine months' actual custody (discounted from 12 months for rehabilitation) was within the range of the sentencing discretion.
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