Tag: Mandatory imprisonment

26 Feb

It's just a drink driving offence, I can't go to jail. Can I?

Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence.  It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge. For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment. Sentence When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period …

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Gatenby Criminal Law 26 February 2017
16 Mar

Drink Driving – Go Straight to Jail, Do Not Pass Go.

Gold Coast Drink Driving Lawyers Most Queensland motorists understand that if they are caught drinking and driving, they will be disqualified from holding or obtaining a Queensland driver’s licence for a period of time.  By and large our job as experienced Gold Coast Drink Driving Lawyers is to minimise the period of disqualification or to secure a restricted work licence or special hardship order. When people attend upon us for traffic law advice they are often shocked to learn that in prescribed circumstances they must receive a mandatory prison sentence. The  legislation provides that if you are convicted of driving …

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Gatenby Criminal Law 16 March 2014
15 Oct

Vicious Lawless Association Disestablishment Bill

Criminal motorcycle gang members will face mandatory jail terms of up to 25 years as part of a range of new and increased penalties to be introduced in Parliament by the Newman Government today. Under our Vicious Lawless Association Disestablishment Bill, criminal gang members convicted of certain offences will be declared ‘vicious lawless associates’ and hit with an extra 15 years mandatory jail time on top of their sentence. A further mandatory term of 10 years will apply if the offender is an office bearer of the criminal organisation. Tattoo parlours will also require licenses from next year. Current and prospective proprietors will …

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05 Sep

MANDATORY SENTENCES

  Mandatory sentencing has always been actively contested and denounced for years by bodies such as the Queensland Law Society, the Queensland Sentencing Advisory Council as well as other civil libertarian associations throughout the state. Mandatory sentences do not work.   Magistrates and Judges, although bound by legislation, are usually given a wide discretion to determine the appropriate penalty for various offences. The legislation generally prescribes minimum and maximum penalties that ought be imposed. One of the cornerstones of a just and fair judicial system, is the discretion afforded to our courts in sentencing offenders. There is no such thing …

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31 Oct

WEAPONS ACT

The Weapons and Other Legislation Amendment Bill 2012, amended the Weapons Act 1990 (the Act), the Corrective Services Act 2006 (CSA) and the Penalties and Sentences Act 1992 (PSA) to impose mandatory minimum periods of imprisonment where the offences of unlawful possession (s 50), unlawful supply (s 50B) and unlawful trafficking (s 65) of weapons are committed in certain circumstances. The legislation now provides 18 months imprisonment served wholly in a corrective services facility where an adult unlawfully possesses a firearm and it uses the firearm to commit an indictable offence where the unlawful possession is related to: 10 or …

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25 Jun

TWO STRIKE LAW FOR SEX OFFENDERS

The Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 amends the Penalties And Sentences Act 1992 to insert a new major Tory sentencing regime of life imprisonment for certain repeat child sex offenders and further amends the Corrective Services Act 2006 to prescribe a minimum non-parole period of 20 years imprisonment for an offender sentenced to mandatory life imprisonment under the new sentencing regime. The new regime applies where: An adult offender is convicted of a relevant serious child sex offence (as defined in the Bill): Such offences committed after the commencement of the bill: The offender has …

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