Category: Penalties

10 Mar

Case Note – When disability is not a mitigatory factor.

The Court of Appeal in R v Newman (a pseudonym) [2021] QCA 13, considered whether a defendant’s personal circumstances, including a disability, operates as a mitigating or aggravating factor or has no substantial influence at all. Ultimately the Court held that the relationship between the disability and the offending was of such a nature as to show that the offender is likely to reoffend, and entitled the Applicant to no reduction in sentence. FACTS In March 2018, when the Applicant was 14 years old, he went to Kmart at Wynnum Plaza after school. He loitered there for some time, watching school-aged …

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21 Jan

Attorney General successfully appeals GBH sentence .

On Tuesday 19 January 2021, the Queensland Court of Appeal upheld an Attorney’s Appeal against a sentence of two and half years with an immediate parole release for a 26 year old man charged with Grievous Bodily Harm. In upholding the Appeal the Court has signified that even for young offenders with limited history and good prospects of rehabilitation a deterrent sentence is called for GBH charges. Justice Boddice, with whom Justices Morrison and Henry agreed, allowed the appeal and set aside the original sentence to the extent that Mr Chitty’s parole release was effectively fixed after 8 months. Sentencing …

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18 Aug

Possession of a Weapon in a Public Place – Mandatory minimum penalties.

On 30 April 2012, the then Premier of Queensland, Campbell Newman revealed a crack down on weapons offences. His government introduced mandatory minimum penalties for weapons charges.  Importantly section 50 of the Weapons Act 1990 was amended to include mandatory minimum sentences for possession of various classes of weapons in a public place. Consequently this regime has seen sentences which have appeared unjust. Queensland Courts have sought to remedy the unfairness by imposing probation orders, particularly for young, first time offenders. There have been conflicting interpretations in both the Magistrates and District Court on this issue. That is to say, does the …

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16 Oct

Offender Levy

For all people sentenced in Queensland Supreme, District or Magistrates Courts, an offender levy fee is a mandatory payment. It is an administrative fee that helps to pay for law enforcement and administration costs.

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26 Oct

Welcome Return Of Drug Court To Queensland Courts

In acknowledging the link between addiction and the commission of criminal offences, the Queensland government has reinstated the Drug Court in Queensland.  This court recognises that rehabilitation is often the best way of achieving the objective of keeping the community safe from recidivist offenders, who might otherwise be unable to give up their drug and/or alcohol addiction. On 24 October, the Queensland parliament passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017.  This bill is not only re-established the previous regime but expands it to include alcohol as a relevant drug. In her …

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15 Oct

Proposed penalties for driving offences leading to death or serious injury

The Queensland government is currently considering introducing a new mid-range driving offence between the existing Criminal Code offence of Dangerous Driving, and the TORUM offence of Driving without Due Care and Attention offence.  The proposed offence will include a circumstance of aggravation for offending drivers who cause death or grievous bodily harm in the commission of the offence of Driving without Due Care and Attention, where they were driving whilst unlicensed or their license was suspended, or disqualified.  The proposal follows the Coroners recommendations in the matter of Audrey Anne Dow. Inquest into the death of Audrey Anne Dow Audrey Anne …

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12 Oct

Industrial Manslaughter Offence Introduced to Queensland

On 12 October 2017, the Minister for Employment and Industrial Relations, Grace Grace, announced the introduction of “Tough new industrial manslaughter laws” in Queensland.  With maximum penalties of 20 years imprisonment for an individual, and a maximum fine of $10 million for a corporate offender, the new Industrial Manslaughter laws are significant. The new Industrial Manslaughter laws were prompted by the 2016, workplace fatalities at Dreamworld, where four people lost their lives on the Thunder River Rapids Ride; and at Eagle Farm, where two workers were crushed when a precast concrete slab toppled over.  These incidents prompted the Government to engage Tim …

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09 May

State Penalties Enforcement Amendment Bill 2017

Criminal Lawyer, Sam Rigby explains the introduction of the State Penalties Enforcement Amendment Bill 2017 into the Queensland Parliament.  The SPER registry oversees and manages debts, amounting to $1.17 billion. The management of such debts has been scrutinised over the past few years in dealing with the structure of debts, dealing with people who are suffering financial hardship or disadvantage and when an infringement should be referred to SPER. Like many of our clients who appear before the court, their penalties are often referred to SPER. These fines can range in expense and if Sentenced more than once, the amount of debt can add up …

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30 Oct

Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Youth Justice Reforms Queensland’s 17 year old offenders are the only youths in the Country being sentenced outside the youth justice system. By treating 17 year olds as adults in the criminal justice system, Queensland has been inconsistent not only with the rest of the country, but also in breach the United Nations Convention on the Rights of the Child. Under proposed youth justice reforms, 17 year olds are to be considered children.  It is anticipated that all children under the age of 18 year will proceed through the Youth Justice System.  The proposed reforms are hoped to reduce the rate of recidivism by diverting …

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30 Oct

Domestic & Family Violence Protection Bill 2016

DV LAW SET TO BE STRENGTHENED AND PENALTIES INCREASED. Domestic Violence Law On 16 August 2016, the Minister for Child Safety and Minister for the Protection of Domestic and Family Violence introduced the Domestic and Family Violence and other Legislation Amendment Bill.  When introducing the new Domestic Violence Law the minister noted that during 2016, there had been 9 coronial investigations into the deaths that had occurred in domestic or family relationships in Queensland. It was said that the purpose of the amendment was to: Better protect and support victims of Domestic and Family Violence; Hold perpetrators of Domestic and Family Violence …

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