Section 132C of the Evidence Act 1977 (Qld) permits a sentencing judge to act on an allegation of fact that is admitted or not challenged, but 'allegation of fact' must be understood as a factual suggestion advanced by the Crown or contained in information received from the Crown; a sentencing judge's own erroneous inference from the absence of evidence does not constitute an 'allegation of fact' within the section. Even where a material factual error is established, the appellate court is not obliged to re-sentence if the appropriate sentence is the same or greater. For maintaining unlawful sexual relationship offences involving persistent penile/vaginal rape of a young child by a parent, sentences should commence at about 10 years' imprisonment even allowing for a plea of guilty.
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