The discretion to make a serious violent offence declaration under s 161B(3) of the Penalties and Sentences Act 1992 (Qld) must not be exercised by focusing solely on whether the offending falls 'outside the norm' for the type of offence; the sentencing court must consider more broadly whether circumstances aggravate the offence in a way suggesting protection of the public or adequate punishment requires a longer period in actual custody. Sentences for child sexual offences based on comparable decisions from the early 2000s may be too low given subsequent legislative changes reflecting evolving community attitudes and greater judicial understanding of the impact of child sexual abuse. The discretion to fix a parole eligibility date is unfettered and there can be no mathematical approach to fixing that date, including on the basis of a 'conventional' one-third reduction for a guilty plea.
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