Where an offender's immigration status makes parole practically unavailable, moderation of the head sentence is the only effective way to reflect mitigating factors, but the domestic violence aggravating factor under s 9(10A) of the Penalties and Sentences Act 1992 (Qld) may operate as a powerful countervailing consideration that justifies a sentence at the upper end of the comparable range. A sentence of seven years with a serious violent offender declaration for a knife attack on a spouse in the family home in front of children was not manifestly excessive even accounting for the additional burden of likely deportation and immigration detention.
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