Sentencing under s 9(4) of the Penalties and Sentences Act 1992 (Qld) is not a two-stage process; the question of exceptional circumstances is one part of an overall instinctive synthesis. A sentencing judge who predetermines that a flat sentence will be imposed unless exceptional circumstances are found, before hearing all submissions, commits specific error warranting appellate intervention. Apparently inconsistent verdicts may be reconciled where the jury was directed not to take a view of evidence inconsistent with a prior acquittal on a related count, or where there were qualitative differences in the supporting evidence for each count.
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