The one-third mark of a sentence of imprisonment is the starting point for recognising a plea of guilty, and must be further adjusted to reflect exceptional mitigating circumstances. A sentencing judge's failure to make any discernible allowance for such circumstances in fixing the suspension period renders the sentence manifestly excessive. Assistance to law enforcement under s 13B of the Penalties and Sentences Act 1992 (Qld) and mitigating circumstances are separate matters requiring separate allowance.
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