Penalties Archives - Gatenby Criminal Law

03 Jul

Deterrence and Accountability: 7.7% increase to penalty unit

On 1 July 2023, the monetary value of a penalty unit increased from $143.75 to $154.80, with the implementation of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023. This amendment seeks to increase the prescribed monetary value of the penalty unit under the Penalties and Sentences Regulation 2015. The stated objective is to ensure that fines and infringement notices remain effective as deterrents and punishments for various offences. The Purpose of the Penalty Unit Value Regulation The primary purpose of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023 is to raise the monetary value of the …

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16 Mar

Addressing the Missing Piece: Mental Health in the Sentencing Process

Mental health issues can play a significant role in criminal sentencing. Whether you are facing charges or representing a client, it is important to understand the connection between mental health and criminal sentencing. Mental Health Issues in Criminal Cases Mental health issues can impact a person’s behavior, judgment, and decision-making abilities. In some cases, mental health issues can lead to criminal behavior. For example, someone suffering from severe depression may commit an act of self-harm or attempt suicide. In other cases, mental health issues can be used as a mitigating factor in criminal cases. For instance, someone with a history …

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22 Feb

What happens in a Magistrates Court Sentence?

A sentence is the final stage of a criminal proceeding where a court determines the penalty or punishment to be imposed on a person who has been found guilty of a criminal offence. In Queensland, most criminal cases are heard in the Magistrates Court. It is important to understand what happens at a Magistrates Court sentence. When a person is found guilty of a criminal offence in the Magistrates Court, the matter is often adjourned to a later date for sentencing. At other times the matter may be listed for a sentence or lengthy plea. At the sentencing hearing, the …

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21 Aug

Case Note – Parole Delay on Sentences.

In GSB v Commissioner of Police [2021] QDC 196, His Honour, Judge Rinaudo AM DCJ adopted the approach of Judge Cash QC in R v Eru-Guthrie [2021] QDC 174 in sentencing an offender who committed further offences while on parole. The notorious delay with the Queensland Parole Board has caused considerable difficulties for sentencing Courts. At the time of committing the offence the subject of the appeal, the Appellant was on parole for previous offending. Pursuant to s 209 of the Corrective Services Act 2006 (Qld), when he was sentenced to a term of imprisonment his parole was taken to have been cancelled. Sentencing …

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12 Aug

Case Note – Impact of Parole Delay on Sentences.

In R v Eru-Guthrie [2021] QDC 174, His Honour, Judge Cash QC, DCJ was asked to re-open the sentence proceedings where Mr Eru-Gutherie’s parole application faced significant delay. Ultimately, His Honour re-opened the proceedings and reduced the sentence that was imposed. FACTS: On 13 April 2021, Mr Eru-Gutherie, entered a guilty plea to a single offence of unlawfully doing grievous bodily harm. He was sentenced to a term of four years and parole eligibility date 1 of 1 December 2021 was fixed (a bottom of 16 months). His Honour intended to sentence the Applicant to four years and parole eligibility after 14 months. …

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30 Jun

Penalty Unit Increase

New Penalty Unit Value From today, 1 July 2021, the monetary value of the penalty unit under the Penalties and Sentences Act 1992 (PSA) will increase to $137.85. This new value applies to sections 5(1)(a)(i), (c)(i) and (e)(i) of the PSA. This is an increase of 3.3% in accordance with the indexation mechanism prescribed in section 5A of the PSA. This is an increase of 3.3% from 2020’s $133.45 Penalty Unit Calculation Maximum penalties for criminal and statutory offences are prescribed as penalty units rather than a prescribed dollar amount. For more CLICK HERE to read our 14 May 2020 article. Disclaimer …

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13 Jun

Case Note – Convictions in Child Exploitation Sentences.

In R v ZB [2021] QCA 9, the Court of Appeal, was required to consider an appeal against the recording of a conviction for an offence of possession of child exploitation material. Ultimately the Court found in favour of the Applicant, determining that the consequences of a recorded conviction would adversely affect the offender and the community. FACTS The applicant pleaded guilty to one charge of the possession of child exploitation material. police located 98 images depicting child exploitation material, 51 of which were still accessible. About one half of the images were in category one images. The Applicant participated in an electronic record …

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13 Apr

Case Note – No Conviction Recorded

In Kemp v The Commissioner of Police [2021] QDC 30, Her Honour, Judge Loury QC DCJ, was required to consider whether a conviction should be recorded for an offence of Stealing. It was argued that the nature of the offence was such that the court at first instance should have exercised its discretion and ordered “no conviction recorded” FACTS On 2 October 2019 the appellant was convicted at Richlands Magistrates Court for an offence of stealing. She was fined $400 and ordered to pay $15.06 in compensation. A conviction was recorded. The circumstances of the offence involved the appellant stealing fuel …

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10 Apr

Serious Violent Offender Review.

The Palaszczuk Government has directed the Queensland Sentencing Advisory Council (QSAC) undertake a review and provide recommendations concerning how serious offenders are sentenced in Queensland. The Serious Violent Offence (SVO) scheme operates under the Penalties and Sentences Act 1992 and applies to offenders who have been sentenced for a range of serious offences. Once a person is declared to be convicted of an SVO, they are not eligible for parole until they have served the lesser of either 80 per cent of their sentence or 15 years imprisonment. The Attorney said that consultation would be undertaken with key stakeholders as part …

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13 Mar

Removal of licence disqualification

In Murray v Commissioner of Police [2021] QDC 48, the Court was required to consider whether the Applicant had demonstrated that it was appropriate to remove an absolute licence disqualification imposed for an offence of Dangerous Operation of a Motor Vehicle. FACTS On Christmas Day 2016, the applicant had been drinking heavily during the course of the day. At about 4.30pm that day, it was decided that he and others would go to another address in Springwood. The applicant ordered an Uber driver for one of his companions, but drove himself. He drove a distance of about five kilometres. He was …

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