Where a sentencing judge is considering a sentence of 10 years or more that would attract an automatic serious violent offence declaration under the Penalties and Sentences Act 1992 (Qld), and neither party has submitted for such a sentence, the judge must give notice and invite submissions before imposing that sentence. The consequences of an automatic SVO declaration — including the requirement to serve 80% before parole eligibility — must be considered as part of the sentencing exercise, including whether a sentence at the lower end of comparable yardsticks is appropriate and whether the sentence properly reflects the value of any guilty plea.
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