The offence of unlawful striking causing death under s 314A of the Criminal Code (Qld) is not to be treated as less serious than manslaughter; both carry a maximum penalty of life imprisonment and the 80% parole eligibility requirement under s 314A(5) may make s 314A more serious. Where an offender is acquitted of manslaughter but convicted under s 314A, the acquittal is a relevant sentencing factor but does not mandate a substantially lower sentence. The 80% parole eligibility requirement under s 314A(5) cannot be judicially ignored, though the head sentence may be ameliorated to account for it.
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