Where a sentencing judge accepts that general deterrence is 'moderated' by an offender's mental health condition with a nexus to the offending, and all other sentencing purposes either point away from or are neutral on actual custody, the statutory preference under s 9(2)(a) of the Penalties and Sentences Act 1992 (Qld) for a community-based sentence may require suspension of the sentence forthwith. However, the Court of Appeal itself noted this case was unique and unlikely to be of much assistance in other cases absent a remarkable coincidence of circumstances.
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