Section 50(1)(d)(iii) of the Weapons Act 1990 (Qld) mandates a minimum penalty of one year's imprisonment served wholly in a corrective services facility for unlawful possession of a short firearm in a public place, and this mandatory minimum excludes probation and all other non-custodial sentencing options. The appellate court's residual discretion to decline to resentence on a Crown appeal (recognised in Green v The Queen) does not arise where the statute mandates a minimum sentence, because the terms of the statute exclude any such discretion. The decision in Commissioner of Police Service v Spencer concerning s 754 of the Police Powers and Responsibilities Act 2000 (Qld) is distinguishable and does not apply to the Weapons Act provisions.
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