Following R v Volkov, a concession by defence counsel at first instance that the sentence was within range does not increase the burden on an applicant seeking leave to appeal against sentence; the Court will consider whether the sentence was manifestly excessive without regard to the concession. A plea of guilty to an offence encompasses all elements of the offence, including criminal responsibility under s 29(2) of the Criminal Code (Qld), such that uncertainty about whether the offender was under 14 at the time of the offence is resolved by the plea.
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