Section 160F(2) of the Penalties and Sentences Act 1992 (Qld) does not require the parole eligibility date to be calculated as a proportion of the total period of imprisonment; it merely requires the date to be fixed having reference to the total period. The constraint on fixing parole eligibility beyond the mid-point of the total term does not apply where the new offences were committed while on parole. Where the sentence imposed accords with the submission made by the applicant's own counsel at the sentencing hearing, the applicant faces a significant hurdle in arguing manifest excess on appeal.
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