Where a sentencing judge gives two reasons for treating single instance sentencing precedents with caution, and one reason is valid while the other is invalid, appellable error does not flow from the invalid reason if it has not been shown to have caused error in the sentence ultimately imposed. Section 9(10A) of the Penalties and Sentences Act 1992 (Qld) does not apply where the victim of the domestic violence offence has previously committed serious domestic violence against the offender, and sentencing precedents predating s 9(10A) should not be treated with caution on that basis in such cases.
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