The new domestic violence mitigating factor provisions in ss 9(2)(gb) and 9(10B) of the Penalties and Sentences Act 1992 (Qld) mandate treatment of domestic violence as a mitigating factor but do not alter the instinctive synthesis process or require any particular sentencing outcome; the weighing of all factors remains a matter for the sentencing judge.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.