General Considerations when Sentencing an Offender
Serious Violent Offences
Breach of a Community-based Order
Absolute or Conditional Discharge
Restitution, Compensation and Restoration
Effect of Criminal Conviction
Disclosure of Criminal Convictions
In Queensland, the Criminal Code Act 1899 (Qld) and other legislation set out the punishments that can be imposed for particular offences, while the Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act) outlines sentencing guidelines and a wide range of sentencing options for judges and magistrates that must be adhered to when sentencing adult offenders. The guidelines make it clear that the only purpose for which sentences may be imposed are to administer just punishment, facilitate rehabilitation, ensure deterrence and denunciation, and to protect the community.
The Youth Justice Act 1992 (Qld) provides sentencing guidelines and options for the sentencing of juvenile offenders (offenders younger than 17 years of age).
Commonwealth offences are dealt with under the Crimes Act 1914 (Cth) and other Commonwealth legislation.
The Corrective Services Act 2006 (Qld) contains some rules in relation to parole eligibility for people sentenced to longer periods of imprisonment for violent and sexual offences.
This chapter will only discuss the current sentencing options available to the courts under the Penalties and Sentences Act, under which the majority of sentences are imposed.