A concession by defence counsel at a sentencing hearing that the sentence imposed was appropriate has no bearing on whether the sentence should be held to have been manifestly excessive on appeal. Sentencing submissions under s 15 of the Penalties and Sentences Act 1992 (Qld) do not displace or qualify the applicable sentencing law, and neither expand nor confine the sentencing judge's discretionary power. Where a sentence betrays a misapplication of principle, it does not cease to be so because the error was contributed to by an errant submission. For drug trafficking in two schedule 1 drugs at high retail to wholesale level over one year with sophisticated concealment measures, a starting point of 10 years or above before mitigation is within the proper sentencing range.
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