Where a cumulative sentencing structure results in a total effective sentence of 10 or more years for schedule 1 offences, both the primary and cumulative offences are to be regarded as serious violent offences under ss 161A-161C of the Penalties and Sentences Act 1992 (Qld), with the 80 per cent parole eligibility constraint under s 182 of the Corrective Services Act 2006 applying to the total effective head sentence. A sentencing judge is not required to alert parties to a cumulative sentencing structure where both parties knew a sentence engaging the serious violent offence provisions was under consideration and counsel had adequate opportunity to make submissions on the total length of the effective sentence. Comparable sentences in vehicular manslaughter cases are yardsticks not constraints, and the absence of comparable sentences above a particular figure does not mean a sentence above that figure falls outside the legitimate exercise of the sentencing discretion.
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