Mitigating factors that are generally typical of child sexual offence cases — guilty plea, psychological treatment, delay between offending and sentencing, establishment of family and business, period of no offending, and dysfunctional childhood — cannot in combination constitute 'exceptional circumstances' under s 9(4)(c) of the Penalties and Sentences Act 1992 (Qld) so as to avoid actual imprisonment, particularly where the offending is persistent, extends over years, includes adult offending, and involves rape. The test for extension of time for Attorney-General's appeals under s 671(3) of the Criminal Code (Qld) is 'good reason' rather than 'exceptional circumstances'. The standard of review applicable to a finding of exceptional circumstances under s 9(4)(c) may need reconsideration in light of Moore v The King (2024), though the Court proceeded on the House v The King discretionary standard as agreed by the parties.
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